Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsafter rule 3262, insert
Division 3.3.2 Commercial arbitration—payment into court
3263 Commercial arbitration—payment into court
(1) A party to an arbitration agreement (the respondent ) may at any time pay an amount into court in satisfaction of a claim to which the agreement applies of another party to the agreement (the claimant ).
(2) The respondent must serve a notice of the payment on the claimant and any other party to the agreement.
(3) A claimant who has paid an amount into court in accordance with this rule may make further payments increasing the amount without the court's leave.
(4) The respondent cannot plead a defence of tender before the arbitration was started unless the respondent has paid the amount tendered into court in accordance with this division.
3264 Payment into court—costs
(1) If a party to an arbitration agreement is liable to pay the costs of another party to the agreement, the party may, at any time after the party becomes liable to pay the costs, pay an amount into court in satisfaction of the costs.
(2) This division applies, with necessary changes, in relation to costs as if—
(a) the party entitled to the costs is a claimant; and
(b) the party liable to pay the costs is a respondent; and
(c) the party's entitlement to costs is a claim to which the arbitration agreement applies.
3265 Payment into court—bond or security
(1) The respondent may lodge a bond or security for the amount of payment with the registrar instead of paying the amount into court.
(2) The bond must be given by—
(a) a corporation approved by the registrar; or
(b) the Territory, the Commonwealth or a State; or
(c) a person who is authorised, in writing, to give the bond for a person mentioned in paragraph (a) or (b).
(3) The bond or security—
(a) remains in effect unless the arbitrator otherwise certifies; and
(b) applies as if the party had paid the amount of the bond or security into court under subrule (1).
3266 Payment into court—interest up to payment
The claimant's claim to which an arbitration agreement applies is taken to include a claim for the interest that might be included in the award if the award were made at the date of the payment into court.
3267 Payment into court—acceptance
(1) The claimant may accept an amount paid into court by a respondent in satisfaction of a claim by serving a notice of acceptance on the respondent (or, if the payment was made by 1 of 2 or more respondents, each respondent)—
(a) not later than 14 days after the day notice of the payment into court is served on the claimant; or
(b) if 2 or more payments into court have been made—not later than 14 days after the day notice of the last payment into court is served on the claimant.
(2) If the respondent paid the amount into court by bond or security, the respondent must pay into court the amount of the bond or security not later than 14 days after the day the notice of acceptance is served on the respondent.
(3) If the respondent does not comply with subrule (2), the respondent is not entitled to any advantage under this division, and the claimant may—
(a) withdraw the claimant's acceptance by notice; or
(b) ask the registrar to assign the bond or security to the claimant so the claimant can enforce it.
(4) If the amount was paid into court by 1 of 2 or more respondents, the amount may be paid out only—
(a) with the agreement of the parties to the agreement; or
(b) in accordance with a certificate of the arbitrator.
(5) Unless the arbitrator otherwise awards, payment must be made to—
(a) the claimant; or
(b) if the claimant has given written authority for payment to be made to the claimant's solicitor—the claimant's solicitor.
(6) If payment out of court is made in accordance with this rule, the claim is permanently stayed.
3268 Payment into court—costs on acceptance by claimant
(1) Unless the arbitrator otherwise directs, a claimant may file a bill of costs for assessment not earlier than 7 days after the day the amount is paid into court if the claimant accepts an amount paid into court in satisfaction of the claim.
(2) The costs claimed in the bill of costs may include—
(a) the costs incurred to the day of payment into court; and
(b) the costs reasonably incurred in accepting the payment; and
(c) the costs incurred in preparing the bill of costs.
3269 Payment into court—payment out of remaining amount
If an amount paid into court is not taken out in accordance with this division, the amount may be paid out only—
(a) with agreement of all parties to the agreement; or
(b) in accordance with a certificate of the arbitrator.
3269A Payment into court—nondisclosure
The arbitrator must not be told about any payment into court before the arbitrator makes an award.