WESTERN AUSTRALIA
COMMERCIAL ARBITRATION
AMENDMENT ACT 1997
No. 43 of 1997
AN ACT to amend the Commercial Arbitration Act 1985
and for related purposes.
[Assented to 9 December 1997.]
The Parliament of Western Australia enacts as follows:
| No. 43] | Commercial Arbitration Amendment |
| s. 1 | Act 1997 |
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Commercial Arbitration
Amendment Act 1997.
Principal Act
2. In this Act the Commercial Arbitration Act 1985* is referred to as the principal Act.
[* Act No. 109 of 1985.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 38.]
Savings and transitional provisions
3. (1)
Subject to this section, the amendments made by this Act apply in relation to an arbitration agreement (whenever made) and an arbitration under such an agreement.
(2) The amendment made by section 9 does not apply in relation to arbitration proceedings that were commenced before the commencement of the amendment.
(3) Section 26 of the principal Act as in force before the
commencement of section 11 continues to apply in relation to —
| (a) | anordermadeunderthatsectionbeforethat commencement; or |
| (b) | an application pending under that section immediately before that commencement. |
| Commercial Arbitration Amendment | [No. 43 |
| Act 1997 | s. 4 |
PART 2 — AMENDMENTS TO PRINCIPAL ACT
Section 3 amended
4. Section 3 (6) of the principal Act is repealed and the
following subsection is substituted —
‘‘
(6) Nothing in this Act applies to an arbitration, or class of arbitrations, prescribed as an arbitration, or class of arbitrations, to which this Act does not apply.
’’.
Section 4 amended
5. After section 4 (2) of the principal Act the following
subsection is inserted —
‘‘
A reference in this Act to an arbitrator includes, in
a case where there are 2 or more arbitrators, a reference to
the arbitrators.
(3)
’’.
Section 6 repealed and a section substituted
6. Section 6 of the principal Act is repealed and the following
section is substituted —
‘‘
Presumption of single arbitrator
6. An arbitration agreement shall be taken to provide for the appointment of a single arbitrator unless —
| (a) | the agreement otherwise provides; or |
| (b) | the parties otherwise agree in writing. |
’’.
| No. 43] | Commercial Arbitration Amendment |
| s. 7 | Act 1997 |
Section 15 repealed and a section substituted
7. Section 15 of the principal Act is repealed and the following section is substituted —
‘‘
Manner in which decisions are made
15. Unless a contrary intention is expressed in the arbitration agreement, where an arbitration agreement provides for the appointment of 3 or more arbitrators —
| (a) | the arbitrators may, by a majority, appoint one of their number to preside; |
| (b) | anydecisiontobemadeinthecourseofthe proceedings may be made by a majority; and |
| (c) | if the arbitrators are equally divided in opinion, and one of the arbitrators has been appointed to preside (whether under this section or the agreement), the decision of the presiding arbitrator shall prevail. |
’’.
Section 18…