Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Unless a contrary
intention is expressed in the arbitration agreement, it is an implied term of
the agreement that in the event of a dispute arising to which the agreement
applies it is the duty of each party to the agreement to exercise due
diligence in the taking of steps that are necessary to have the dispute
referred to arbitration and dealt with in arbitration proceedings.
(2) Where there has
been undue delay by a party, the Court may, on the application of any other
party to the dispute or an arbitrator or umpire, make orders —
(a)
terminating the arbitration proceedings;
(b)
removing the dispute into Court; and
(c)
dealing with any incidental matters.
(3) The Court shall
not make an order under subsection (2) unless it is satisfied that the
delay —
(a) has
been inordinate and inexcusable; and
(b) will
give rise to a substantial risk of it not being possible to have a fair trial
of the issues in the arbitration proceedings or is such as is likely to cause
or to have caused serious prejudice to the other parties to the arbitration
proceedings.
[Section 46 inserted by No. 43 of 1997
s. 18.]