Western Australian Consolidated Acts

COMMERCIAL ARBITRATION ACT 1985 - SECT 21

21 .         Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made

                Unless otherwise agreed in writing by the parties to the arbitration agreement, where an umpire enters on the arbitration in place of the arbitrators and as if the umpire were the sole arbitrator or a new arbitrator or umpire is appointed in place of an arbitrator or umpire who dies or otherwise ceases to hold office — 

            (a)         the umpire or arbitrator shall treat any evidence given, document produced or thing done in the course of the earlier proceedings in the same manner in all respects as if it had been given, produced or done in the course of the proceedings conducted by the umpire or arbitrator;

            (b)         any interim award made in the course of the earlier proceedings shall be deemed to have been made by the umpire or arbitrator; and

            (c)         the umpire or arbitrator may adopt and act on any determination of a matter made in the course of the earlier proceedings without applying his or her own judgment to the matter.

        [Section 21 amended by No. 43 of 1997 s. 22.]