Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), if an award or a question of law arising in the course of
an arbitration relates, in whole or in part, to —
(a) a
question or claim falling within the Admiralty jurisdiction of the Supreme
Court;
(b) a
dispute arising out of a contract of insurance; or
(c) a
dispute arising out of a commodity contract,
an exclusion agreement
shall have no effect in relation to the award or question unless
either —
(d) the
exclusion agreement is entered into after the commencement of the arbitration
in which the award is made or, as the case requires, in which the question of
law arises; or
(e) the
award or question relates to a contract which is expressed to be governed by a
law other than the law of Western Australia.
(2) In
subsection (1)(c), commodity contract means a contract —
(a) for
the sale of goods regularly dealt with on a commodity market or exchange in
Western Australia which is specified for the purposes of this section by a
regulation made by the Governor; and
(b) of a
description specified for the purposes of this section by a regulation made by
the Governor.
(3) The Governor may
by regulation provide that subsection (1) —
(a)
shall cease to have effect; or
(b)
subject to such conditions as may be specified in the regulation, shall not
apply to any exclusion agreement made in relation to an award of a description
specified in the regulation,
and a regulation made
under this subsection may contain such supplementary, incidental and
transitional provisions as appear to the Governor to be necessary.