COMMERCIAL ARBITRATION ACT 1985

Western Australian Consolidated Acts

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COMMERCIAL ARBITRATION ACT 1985 - NOTES

Notes

¹ This is a compilation of the Commercial Arbitration Act 1985 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Commercial Arbitration Act 1985

109 of 1985

7 Jan 1986

1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605)

Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. VIII

65 of 1987

1 Dec 1987

12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397)

Commercial Arbitration Amendment Act 1997³

43 of 1997

9 Dec 1997

6 Jan 1998

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 21

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Reprint 1: The Commercial Arbitration Act 1985 as at 2 Apr 2004 (includes amendments listed above)

Limitation Legislation Amendment and Repeal Act 2005 Pt. 3 ⁴

20 of 2005

15 Nov 2005

15 Nov 2005 (see s. 2)

Legal Profession Act 2008 s. 648

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Short title	Number and year	Assent	Commencement
Commercial Arbitration Act 1985	109 of 1985	7 Jan 1986	1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605)
Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. VIII	65 of 1987	1 Dec 1987	12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397)
Commercial Arbitration Amendment Act 1997³	43 of 1997	9 Dec 1997	6 Jan 1998
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 21	65 of 2003	4 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
*Reprint 1: The Commercial Arbitration Act 1985* as at 2 Apr 2004** (includes amendments listed above)
Limitation Legislation Amendment and Repeal Act 2005 Pt. 3 ⁴	20 of 2005	15 Nov 2005	15 Nov 2005 (see s. 2)
Legal Profession Act 2008 s. 648	21 of 2008	27 May 2008	1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

² The provision in this Act repealing the Arbitration Act 1895 has been omitted under the Reprints Act 1984 s. 7(4)(e) and (f).

³ The Commercial Arbitration Amendment Act 1997 s. 3 reads as follows:

“

3. Savings and transitional provisions

(1) Subject to this section, the amendments made by this Act apply in relation to an arbitration agreement (whenever made) and an arbitration under such an agreement.

(2) The amendment made by section 9 does not apply in relation to arbitration proceedings that were commenced before the commencement of the amendment.

(3) Section 26 of the principal Act as in force before the commencement of section 11 continues to apply in relation to —

(a) an order made under that section before that commencement; or

(b) an application pending under that section immediately before that commencement.

”.

⁴ The Limitation Legislation Amendment and Repeal Act 2005 s. 6(4) reads as follows:

“

6. Section 48 amended and a savings provision

(4) The Commercial Arbitration Act 1985 section 48, as it was immediately before commencement day, continues to apply after commencement day to causes of action that accrued before commencement day as if subsections (1), (2) and (3) had not been enacted.

”.