Western Australian Consolidated Acts

COMMERCIAL ARBITRATION ACT 1985

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Repeal, transitional and application provisions  
   4.      Interpretation  
   5.      Crown to be bound

   PART II -- Appointment of arbitrators and umpires  

   6.      Presumption of single arbitrator  
   7.      Presumption as to joint appointment of arbitrator  
   8.      Default in the exercise of power to appoint arbitrator  
   9.      Power to appoint new arbitrator or umpire  
   10.     General power of the Court to fill vacancy  
   11.     Power of the Court where arbitrator or umpire is removed  
   12.     Appointment of umpire  
   13.     Position of person appointed by the Court, etc.

   PART III -- Conduct of arbitration proceedings  

   14.     Procedure of arbitrator or umpire  
   15.     Manner in which decisions are made  
   16.     Circumstances in which umpires may enter on the arbitration  
   17.     Parties may obtain subpoenas  
   18.     Refusal or failure to attend before arbitrator or umpire, etc.  
   19.     Evidence before arbitrator or umpire  
   20.     Representation  
   21.     Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made  
   22.     Determination to be made according to law or by reference to general justice and fairness  
   23.     Interim awards  
   24.     Specific performance  
   25.     Extension of ambit of arbitration proceedings  
   26.     Consolidation of arbitration proceedings  
   27.     Settlement of disputes otherwise than by arbitration

   PART IV -- Awards and costs  

   28.     Award to be final  
   29.     Form of award  
   30.     Power to correct award  
   31.     Interest up to making of award  
   32.     Interest on debt under award  
   33.     Enforcement of award  
   34.     Costs  
   35.     Taxation of arbitrator’s or umpire’s fees and expenses  
   36.     Costs of abortive arbitration  
   37.     Duties of parties

   PART V -- Powers of the Court  

   38.     Judicial review of awards  
   39.     Determination of preliminary point of law by Supreme Court  
   40.     Exclusion agreements affecting rights under sections 38 and 39  
   41.     Exclusion agreements not to apply in certain cases  
   42.     Power to set aside award  
   43.     Court may remit matter for reconsideration  
   44.     Removal of arbitrator or umpire  
   45.     Party not prevented from alleging that arbitrator appointed by that party is not impartial, suitable or competent  
   46.     Delay in prosecuting claims  
   47.     General power of the Court to make interlocutory orders  
   48.     Extension of time  
   49.     Power to impose terms on orders, etc.

   PART VI -- General provisions as to arbitration  

   50.     Authority of arbitrator or umpire  
   51.     Liability of arbitrator or umpire  
   52.     Death of party  
   53.     Power to stay court proceedings  
   54.     Interpleader  
   55.     Effect of Scott v. Avery clauses

   PART VIII -- Miscellaneous  

   60.     Service of notices  
   61.     Supreme Court rules  
   62.     Regulations
            
            
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