Western Australian Consolidated Acts

COMMERCIAL ARBITRATION ACT 1985 - SECT 22

22 .         Determination to be made according to law or by reference to general justice and fairness

        (1)         Unless otherwise agreed in writing by the parties to the arbitration agreement, any question that arises for determination in the course of proceedings under the agreement shall be determined according to law.

        (2)         If the parties to an arbitration agreement so agree in writing, the arbitrator or umpire may determine any question that arises for determination in the course of proceedings under the agreement by reference to considerations of general justice and fairness.

        [Section 22 amended by No. 43 of 1997 s. 10 and 22.]