Arbitration Act 1996 (c. 23)

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Arbitration Act 1996

1996 CHAPTER 23

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Arbitration pursuant to an arbitration agreement

    1. Introductory

      1. 1. General principles.

      2. 2. Scope of application of provisions.

      3. 3. The seat of the arbitration.

      4. 4. Mandatory and non-mandatory provisions.

      5. 5. Agreements to be in writing.

    2. The arbitration agreement

      1. 6. Definition of arbitration agreement.

      2. 7. Separability of arbitration agreement.

      3. 8. Whether agreement discharged by death of a party.

    3. Stay of legal proceedings

      1. 9. Stay of legal proceedings.

      2. 10. Reference of interpleader issue to arbitration.

      3. 11. Retention of security where Admiralty proceedings stayed.

    4. Commencement of arbitral proceedings

      1. 12. Power of court to extend time for beginning arbitral proceedings, &c.

      2. 13. Application of Limitation Acts.

      3. 14. Commencement of arbitral proceedings.

    5. The arbitral tribunal

      1. 15. The arbitral tribunal.

      2. 16. Procedure for appointment of arbitrators.

      3. 17. Power in case of default to appoint sole arbitrator.

      4. 18. Failure of appointment procedure.

      5. 19. Court to have regard to agreed qualifications.

      6. 20. Chairman.

      7. 21. Umpire.

      8. 22. Decision-making where no chairman or umpire.

      9. 23. Revocation of arbitrator´s authority.

      10. 24. Power of court to remove arbitrator.

      11. 25. Resignation of arbitrator.

      12. 26. Death of arbitrator or person appointing him.

      13. 27. Filling of vacancy, &c.

      14. 28. Joint and several liability of parties to arbitrators for fees and expenses.

      15. 29. Immunity of arbitrator.

    6. Jurisdiction of the arbitral tribunal

      1. 30. Competence of tribunal to rule on its own jurisdiction.

      2. 31. Objection to substantive jurisdiction of tribunal.

      3. 32. Determination of preliminary point of jurisdiction.

    7. The arbitral proceedings

      1. 33. General duty of the tribunal.

      2. 34. Procedural and evidential matters.

      3. 35. Consolidation of proceedings and concurrent hearings.

      4. 36. Legal or other representation.

      5. 37. Power to appoint experts, legal advisers or assessors.

      6. 38. General powers exercisable by the tribunal.

      7. 39. Power to make provisional awards.

      8. 40. General duty of parties.

      9. 41. Powers of tribunal in case of party´s default.

    8. Powers of court in relation to arbitral proceedings

      1. 42. Enforcement of peremptory orders of tribunal.

      2. 43. Securing the attendance of witnesses.

      3. 44. Court powers exercisable in support of arbitral proceedings.

      4. 45. Determination of preliminary point of law.

    9. The award

      1. 46. Rules applicable to substance of dispute.

      2. 47. Awards on different issues, &c.

      3. 48. Remedies.

      4. 49. Interest.

      5. 50. Extension of time for making award.

      6. 51. Settlement.

      7. 52. Form of award.

      8. 53. Place where award treated as made.

      9. 54. Date of award.

      10. 55. Notification of award.

      11. 56. Power to withhold award in case of non-payment.

      12. 57. Correction of award or additional award.

      13. 58. Effect of award.

    10. Costs of the arbitration

      1. 59. Costs of the arbitration.

      2. 60. Agreement to pay costs in any event.

      3. 61. Award of costs.

      4. 62. Effect of agreement or award about costs.

      5. 63. The recoverable costs of the arbitration.

      6. 64. Recoverable fees and expenses of arbitrators.

      7. 65. Power to limit recoverable costs.

    11. Powers of the court in relation to award

      1. 66. Enforcement of the award.

      2. 67. Challenging the award: substantive jurisdiction.

      3. 68. Challenging the award: serious irregularity.

      4. 69. Appeal on point of law.

      5. 70. Challenge or appeal: supplementary provisions.

      6. 71. Challenge or appeal: effect of order…

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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.