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COMMERCIAL ARBITRATION ACT 2011 - SECT 6 Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)

COMMERCIAL ARBITRATION ACT 2011 - SECT 6

Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)

    (1)     The functions referred to in sections 11(3) and (4), 13(4), 14(2), 16(9), 17H, 17I, 17J, 19(6), 27, 27A, 27B, 27H, 27I, 27J, 33D, 34 and 34A are, subject to subsection (2), to be performed by the Supreme Court.

    (2)     If—

        (a)     an arbitration agreement provides that the County Court or the Magistrates' Court is to have jurisdiction under this Act; or

        (b)     the parties to an arbitration agreement have agreed in writing that the County Court or the Magistrates' Court is to have jurisdiction under this Act and that agreement is in force—

the functions are to be performed, in relation to that agreement, by the County Court or the Magistrates' Court, as the case requires.

Note

This section differs from the Model Law to the extent that it relates to functions conferred on the Court with respect to domestic arbitrations that are not referred to in the Model Law.

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