Victorian Consolidated Legislation

County Court Act 1958 - SECT 46

Arbitration by agreement

46. Arbitration by agreement



(1) If the plaintiff and the defendant in any civil proceeding agree to refer
to arbitration the subject of such civil proceeding or such subject and all or
any other matters in dispute between the parties, whether such other matters
are within the jurisdiction of the court or not, and notify such agreement to
the court in writing signed by themselves or their practitioners naming one or
two persons as arbitrators, such agreement shall be filed by the registrar,
and the court shall order such reference and on such terms as to costs and
fees to arbitrators as may be reasonable.

(2) The arbitrators where two are named shall have power in the event of their
disagreement to choose an umpire, and the award of such arbitrator or
arbitrators or umpire shall unless set aside be binding final and conclusive
on both parties; and judgment shall be entered for the plaintiff or defendant
in accordance therewith whether the court is sitting or not, and such
reference shall not be revocable by either party thereto except by leave of
the court.

(3) The court may enlarge the time for making such award, or may with the
consent of both parties revoke the reference or order another reference to be
made in manner aforesaid.

(4) The court may, if it thinks fit, on application to it at the first sitting
held after the expiration of one week after the entry of such award, set aside
any such award so given as aforesaid, or may refer such award back to the
arbitrator or arbitrators or umpire.