New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 2010

- As at 14 January 2018 
- Act 61 of 2010 

TABLE OF PROVISIONS

           Long Title

   PART 1A - PRELIMINARY
   Note

   1A.     Name of Act
   1B.     Commencement
   1C.     Paramount object of Act

   PART 1 - GENERAL PROVISIONS

   1.      Scope of application
   2.      Definitions and rules of interpretation
   2A.     International origin and general principles
   3.      Receipt of written communications
   4.      Waiver of right to object
   5.      Extent of court intervention
   6.      Court for certain functions of arbitration assistance and supervision

   PART 2 - ARBITRATION AGREEMENT

   7.      Definition and form of arbitration agreement
   8.      Arbitration agreement and substantive claim before court
   9.      Arbitration agreement and interim measures by court

   PART 3 - COMPOSITION OF ARBITRAL TRIBUNAL

   10.     Number of arbitrators
   11.     Appointment of arbitrators
   12.     Grounds for challenge
   13.     Challenge procedure
   14.     Failure or impossibility to act
   15.     Appointment of substitute arbitrator

   PART 4 - JURISDICTION OF ARBITRAL TRIBUNAL

   16.     Competence of arbitral tribunal to rule on its jurisdiction

   PART 4A - INTERIM MEASURES

           Division 1 - Interim measures

   17.     Power of arbitral tribunal to order interim measures
   17A.    Conditions for granting interim measures

           Division 2 - Preliminary orders

   17B.       17C.    
           Division 3 - Provisions applicable to interim measures

   17D.    Modification, suspension, termination
   17E.    Provision of security
   17F.    Disclosure
   17G.    Costs and damages

           Division 4 - Recognition and enforcement of interim measures

   17H.    Recognition and enforcement
   17I.    Grounds for refusing recognition or enforcement

           Division 5 - Court-ordered interim measures

   17J.    Court-ordered interim measures

   PART 5 - CONDUCT OF ARBITRAL PROCEEDINGS

   18.     Equal treatment of parties
   19.     Determination of rules of procedure
   20.     Place of arbitration
   21.     Commencement of arbitral proceedings
   22.     Language
   23.     Statements of claim and defence
   24.     Hearings and written proceedings
   24A.    Representation
   24B.    General duties of parties
   25.     Default of a party
   26.     Expert appointed by arbitral tribunal
   27.     Court assistance in taking evidence
   27A.    Parties may obtain subpoenas
   27B.    Refusal or failure to attend before arbitral tribunal or to produce document
   27C.    Consolidation of arbitral proceedings
   27D.    Power of arbitrator to act as mediator, conciliator or other non-arbitral intermediary
   27E.    Disclosure of confidential information
   27F.    Circumstances in which confidential information may be disclosed
   27G.    Arbitral tribunal may allow disclosure of confidential information in certain circumstances
   27H.    The Court may prohibit disclosure of confidential information in certain circumstances
   27I.    The Court may allow disclosure of confidential information in certain circumstances
   27J.    Determination of preliminary point of law by the Court

   PART 6 - MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

   28.     Rules applicable to substance of dispute
   29.     Decision-making by panel of arbitrators
   30.     Settlement
   31.     Form and contents of award
   32.     Termination of proceedings
   33.     Correction and interpretation of award; additional award
   33A.    Specific performance
   33B.    Costs
   33C.    Application of legal costs legislation
   33D.    Costs of abortive arbitration
   33E.    Interest up to making of award
   33F.    Interest on debt under award

   PART 7 - RECOURSE AGAINST AWARD

   34.     Application for setting aside as exclusive recourse against arbitral award
   34A.    Appeals against awards

   PART 8 - RECOGNITION AND ENFORCEMENT OF AWARDS

   35.     Recognition and enforcement
   36.     Grounds for refusing recognition or enforcement

   PART 9 - MISCELLANEOUS

   37.     Death of party
   38.     Interpleader
   39.     Immunity
   40.     Act to bind Crown
   41.     Court rules
   42.     (Repealed)
   43.     Regulations
           SCHEDULE 1
           Schedule 2 (Repealed)