Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2017 (NO 3) (NO 17 OF 2017) - REG 11

substitute

3251     Terms used in Commercial Arbitration Act

A term used in the Commercial Arbitration Act has the same meaning in this part.

Note 1     For example, the following terms are defined in the Commercial Arbitration Act

, dictionary:

              •     arbitral tribunal

              •     arbitration

              •     arbitration agreement

              •     party

              •     the court.

Note 2     In particular, the court is defined in the Commercial Arbitration Act

, dictionary as follows:

"the court" means, subject to section 6 (2), the Supreme Court.

Section 6 (2) provides as follows:

(2)     If—

        (a)     an arbitration agreement provides that the Magistrates Court is to have jurisdiction under this Act; or

        (b)     the parties to an arbitration agreement have agreed, in writing, that the Magistrates Court is to have jurisdiction under this Act and that agreement is in force;

the functions are to be performed, in relation to that agreement, by the Magistrates Court, as the case requires.

Note     This section differs from the Model Law to the extent that it relates to functions conferred on the court with respect to domestic commercial arbitrations that are not referred to in the Model Law.