New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 37

37 Jurisdiction of arbitrator

(cf Act No 43 1983, section 7)

(1) The jurisdiction conferred on an arbitrator by this Part in relation to referred proceedings is part of the jurisdiction of the court by which the proceedings were referred.

(2) Subject to this Part, but without limiting the specific powers and authorities of an arbitrator under this Part, an arbitrator has and may exercise, in relation to referred proceedings, all of the functions of the court by which the proceedings were referred.

(3) Subsection (2) does not confer on an arbitrator functions of the court which are the same as, or similar to, the functions conferred by sections 52 and 53 or any other functions in respect of contempt.

(4) The functions conferred on an arbitrator may be exercised only--

(a) for the purpose of determining the issues in dispute in referred proceedings, and

(b) for the purpose of making an award in referred proceedings, and

(c) for related purposes.

(5) Subject to this Part, a tribunal (other than the arbitrator to whom proceedings have been referred for determination) has no jurisdiction in respect of any issue in dispute in the proceedings while those proceedings are before the arbitrator.

(6) In subsection (5),
"tribunal" means any court, tribunal, board or other body, or any person, empowered by an Act or by agreement of parties to determine by litigation, arbitration, conciliation or otherwise any issue that is in dispute.