New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 2010 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Savings and transitional provisions

(1) Subject to subclause (2):

(a) this Act applies to an arbitration agreement (whether made before or after the commencement of this Act) and to an arbitration under such an agreement, and

(b) a reference in an arbitration agreement to the Commercial Arbitration Act 1984 , or a provision of that Act, is to be construed as a reference to this Act or to the corresponding provision (if any) of this Act.

(2) If an arbitration was commenced before the commencement of this Act, the law governing the arbitration and the arbitration agreement is to be that which would have been applicable if this Act had not been enacted.

(3) For the purposes of this clause, an arbitration is taken to have been commenced if:

(a) a dispute to which the relevant arbitration agreement applies has arisen, and

(b) the arbitral tribunal has been properly constituted.