Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2017 (NO 3) (NO 17 OF 2017) - REG 15

substitute

3259     Commercial arbitration—decision to refuse to issue interim measure

The court may refuse to issue an interim measure under the Commercial Arbitration Act

, section 17J (Court-ordered interim measures) if the court considers that the arbitral tribunal has power to make the order applied for.

3260     Commercial arbitration—application to enforce arbitral award

An application under the Commercial Arbitration Act

, section 35 (Recognition and enforcement) to enforce an arbitral award—

        (a)     must be supported by an affidavit that states—

              (i)     the extent to which the award has not been complied with at the date the application is made; and

              (ii)     the usual, or last-known home or business address of the person against whom it is sought to enforce the award or, if the person is a corporation, its last-known registered office; and

        (b)     may be made without giving notice to anyone.

3261     Commercial arbitration—evidence of arbitral award for purposes of enforcement

    (1)     This rule applies in a proceeding in which an application is made to the court for enforcement of an arbitral award under the Commercial Arbitration Act

, section 35 (Recognition and enforcement).

    (2)     The International Arbitration Act 1974

(Cwlth), section 9 (Evidence of awards and arbitration agreements) applies in the proceeding as that section applied in a proceeding in which enforcement of a foreign award was sought under the International Arbitration Act 1974

(Cwlth).

3262     Commercial arbitration—endorsement and service of application for enforcement

    (1)     An application under the Commercial Arbitration Act

, section 35 (Recognition and enforcement) to enforce an arbitral award must—

        (a)     be endorsed with a statement that the person on whom the application is served may, before the end of 5 days after the day the application is served, apply to have the award set aside; and

        (b)     be served on the person against whom it is sought to enforce the award.

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

    (2)     The court must not recognise an arbitral award, or make an order for its enforcement, until—

        (a)     the end of the period mentioned in subrule (1); and

        (b)     if the person against whom it is sought to enforce the award applies, within the period mentioned in subrule (1), to have the award set aside—the application is decided.