Arbitration Act 1902 (ACT)

Arbitration Act 1902    (repealed)

A1902-29

Republication No 1

Effective:  2 January 1992

Republication date: 20 February 2008

As repealed by A1986-84 s 3 (as amended

by A1990-32 s 4)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Arbitration Act 1902 (repealed) effective 2 January 1992.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

The status of this republication appears on the bottom of each page.

arbitration act 1902
(new south wales)

As at 2 January 1992 (Repealed by No. 84, 1986 as am No. 32, 1990)

TABLE OF PROVISIONS

Section

part i—preliminary

1.Short title

3.Interpretation

part II—references by consent out of court

4.Effect of submission

5.Provisions to be implied in submissions

6.Stay of proceedings where there is a submission

7.Appointment of arbitrator, umpire etc.

8.Power of parties to fill vacancy

9.Powers of arbitrator

1. Summoning of witnesses

2. Enlargement of time for making award

3. Power to remit award to arbitrators

4. Power to set aside award

5. Enforcement of award

Part III—References Under Order of Court

1. Power to refer in certain cases

2. Powers and remuneration of referees and arbitrators

3. Court to have powers as in references by consent

Part IV—General

1. Compelling attendance of witnesses

2. Statement of case pending arbitration

3. Orders for obtaining evidence

4. Protection of witnesses

5. Evidence taken under orders to be received

6. Costs

7. Penalty for giving false evidence

8. Commonwealth to be bound

9. Application of Act to references under statutory powers

Second Schedule

arbitration act 1902
(new south wales)

An Act to consolidate the enactments relating to arbitration

Part I—Preliminary

Short title

1.  This Act may be cited as the Arbitration Act 1902.1

Interpretation

3.  In this Act, unless the context or subject-matter otherwise indicates or requires—

“Court” means the Supreme Court or a Judge thereof.

“Judge” means a Judge of the Supreme Court.

“Submission” means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.

Part II—References by Consent Out of Court

Effect of submission

4.  A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court, and shall have the same effect in all respects as if it had been made an order of Court.

Provisions to be implied in submissions

5.  A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the Second Schedule, so far as they are applicable to the reference under the submission.

Stay of proceedings where there is a submission

6.  If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any…