Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2017 (NO 3) (NO 17 OF 2017) - REG 12

substitute

3253     Commercial arbitration—leave to appeal under Commercial Arbitration Act, s 34A

    (1)     An application for leave to appeal to the Supreme Court under the Commercial Arbitration Act

, section 34A (1) (b) (Appeals against awards) must include, or be accompanied by, a statement of—

        (a)     the nature of the case; and

        (b)     the questions involved; and

        (c)     the reasons why leave should be given.

Note     The Commercial Arbitration Act

, s 34A provides that an appeal may be brought by a party to an arbitration agreement if the parties agree and with the court's leave (see subrules (1) and (2)).

    (2)     The application must be made not later than 3 months from—

        (a)     the date on which the party making the appeal received the award; or

        (b)     if a request had been made under the Commercial Arbitration Act

, section 33 (Correction and interpretation of award, and making additional award)—the date on which that request had been disposed of by the arbitral tribunal.

Note     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time.

    (3)     If the court grants leave to appeal, the appeal must be filed within—

        (a)     30 days after the day leave is granted; or

        (b)     any further time allowed by the court.