Commercial Arbitration Act 1985 (WA)

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Western Australia

Commercial Arbitration Act 1985

This Act was repealed by the Commercial Arbitration Act 2012 s. 44 (No. 23 of 2012) as at 7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677).

Western Australia

Commercial Arbitration Act 1985 ContentsPart I — Preliminary1 — Short title2 — Commencement3 — Repeal, transitional and application provisions4 — Interpretation5 — Crown to be boundPart II — Appointment of arbitrators and umpires6 — Presumption of single arbitrator7 — Presumption as to joint appointment of arbitrator8 — Default in the exercise of power to appoint arbitrator9 — Power to appoint new arbitrator or umpire10 — General power of the Court to fill vacancy11 — Power of the Court where arbitrator or umpire is removed12 — Appointment of umpire13 — Position of person appointed by the Court, etc.Part III — Conduct of arbitration proceedings14 — Procedure of arbitrator or umpire15 — Manner in which decisions are made16 — Circumstances in which umpires may enter on the arbitration17 — Parties may obtain subpoenas18 — Refusal or failure to attend before arbitrator or umpire, etc.19 — Evidence before arbitrator or umpire20 — Representation21 — Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made22 — Determination to be made according to law or by reference to general justice and fairness23 — Interim awards24 — Specific performance25 — Extension of ambit of arbitration proceedings26 — Consolidation of arbitration proceedings27 — Settlement of disputes otherwise than by arbitrationPart IV — Awards and costs28 — Award to be final29 — Form of award30 — Power to correct award31 — Interest up to making of award32 — Interest on debt under award33 — Enforcement of award34 — Costs35 — Taxation of arbitrator’s or umpire’s fees and expenses36 — Costs of abortive arbitration37 — Duties of partiesPart V — Powers of the Court38 — Judicial review of awards39 — Determination of preliminary point of law by Supreme Court40 — Exclusion agreements affecting rights under sections 38 and 3941 — Exclusion agreements not to apply in certain cases42 — Power to set aside award43 — Court may remit matter for reconsideration44 — Removal of arbitrator or umpire45 — Party not prevented from alleging that arbitrator appointed by that party is not impartial, suitable or competent46. Delay in prosecuting claims 3547 — General power of the Court to make interlocutory orders48 — Extension of time49 — Power to impose terms on orders, etc.Part VI — General provisions as to arbitration50 — Authority of arbitrator or umpire51 — Liability of arbitrator or umpire52 — Death of party53 — Power to stay court proceedings54 —

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.