Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2017 (NO 3) (NO 17 OF 2017) - REG 14

substitute

3255     Commercial arbitration—application under Commercial Arbitration Act, s 27J

    (1)     A proceeding under the Commercial Arbitration Act

, section 27J (2) (Determination of preliminary point of law by court) must be started not later than 28 days after the day the consent, or consents, mentioned in that subsection is or are given.

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

    (2)     A decision by the court to hear or not to hear an application under the Commercial Arbitration Act

, section 27J (2) (a) must be given by order.

3256     Commercial arbitration—application for order under Commercial Arbitration Act, s 34 (1)

    (1)     This rule applies in relation to an application for an order under the Commercial Arbitration Act

, section 34 (1) (Application for setting aside as exclusive recourse against arbitral award) .

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

        (a)     the date on which the party making the application had 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.