Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies where, in relation to a proceeding or a part of a proceeding (the relevant proceeding), the arbitrator or umpire has given a direction under the Evidence (Miscellaneous Provisions) Act 1991 , section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from place other than participating State).
(2) Where this section applies a person who, in a relevant proceeding—
(a) is required or entitled to appear personally, whether as a party or as a witness; or
(b) is entitled to appear for another person;
may appear in that proceeding and participate or give evidence, as the case requires, in accordance with the direction.
(3) A person who appears in a relevant proceeding in accordance with this section is taken to be before the arbitrator or umpire.
(4) An arbitrator or umpire shall not give a direction referred to in subsection (1) if the arbitration agreement expresses the intention that such a direction not be given.