{"id":"commercial-arbitration-national-uniform-legislation-act-2011","name":"Commercial Arbitration (National Uniform Legislation) Act 2011","slug":"commercial-arbitration-national-uniform-legislation-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29910,"registerId":"nt-commercial-arbitration-national-uniform-legislation-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1A","sectionType":"part","heading":"Preliminary","content":"Part 1A Preliminary\n","sortOrder":0},{"sectionNumber":"1A","sectionType":"section","heading":"Short title","content":"1A Short title\nThis Act may be cited as the Commercial Arbitration (National\nUniform Legislation) Act 2011.\n","sortOrder":1},{"sectionNumber":"1B","sectionType":"section","heading":"Commencement","content":"1B Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":2},{"sectionNumber":"1C","sectionType":"section","heading":"Paramount object of Act","content":"1C Paramount object of Act\n(1) The paramount object of this Act is to facilitate the fair and final\nresolution of commercial disputes by impartial arbitral tribunals\nwithout unnecessary delay or expense.\n(2) This Act aims to achieve its paramount object by:\n(a) enabling parties to agree about how their commercial disputes\nare to be resolved (subject to subsection (3) and such\nsafeguards as are necessary in the public interest); and\n(b) providing arbitration procedures that enable commercial\ndisputes to be resolved in a cost effective manner, informally\nand quickly.\n(3) This Act must be interpreted, and the functions of an arbitral\ntribunal must be exercised, so that (as far as practicable) the\nparamount object of this Act is achieved.\n(4) Subsection (3) does not affect the application of section 62A of the\nInterpretation Act 1978 for the purposes of interpreting this Act.\n\nPart 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 2\n","sortOrder":3},{"sectionNumber":"1D","sectionType":"section","heading":"Act binds Crown","content":"1D Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":4},{"sectionNumber":"1E","sectionType":"section","heading":"Explanation of origin and structure of Act","content":"1E Explanation of origin and structure of Act\n(1) Sections of this Act that contain a reference in the section heading\nto the Model Law are substantially the same as the provisions of\nthe Model Law so as to be as uniform as possible with the Model\nLaw.\n(2) Some changes have been made to those provisions of the Act\nbased on the Model Law to amend or supplement the provisions in\ntheir application to domestic arbitrations in the Territory or to\naccommodate modern drafting styles and conventions (for\nexample, provisions are drafted in gender neutral terms and\narchaisms are replaced with modern alternatives).\n(3) Notes draw attention to substantive changes.\n(4) The original numbering of the articles of the Model Law has been\nretained but converted to references to sections and articles\ncontaining more than one sentence have been re-formatted into\nsubsections.\n(5) The Act also contains a number of provisions in addition to those\nbased on the Model Law.\n(6) This section does not affect the interpretation or application of this\nAct.\nPart 1 General provisions\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Scope of application (Model Law Art 1)","content":"1 Scope of application (Model Law Art 1)\n(1) This Act applies to domestic commercial arbitrations.\nNote for subsection (1)\nThe International Arbitration Act 1974 (Cth) covers international commercial\narbitrations and the enforcement of foreign arbitral awards.\n(2) The provisions of this Act, except sections 8, 9, 17H, 17I, 17J, 35\nand 36, apply only if the place of arbitration is in the Territory.\n\nPart 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 3\n(3) An arbitration is domestic if:\n(a) the parties to an arbitration agreement have, at the time of the\nconclusion of that agreement, their places of business in\nAustralia; and\n(b) the parties have (whether in the arbitration agreement or in\nany other document in writing) agreed that any dispute that\nhas arisen or may arise between them is to be settled by\narbitration; and\n(c) it is not an arbitration to which the Model Law (as given effect\nby the International Arbitration Act 1974 (Cth)) applies.\n(4) For the purposes of subsection (3):\n(a) if a party has more than one place of business, the place of\nbusiness is that which has the closest relationship to the\narbitration agreement; and\n(b) if a party does not have a place of business, reference is to be\nmade to the party's habitual residence.\n(5) This Act does not affect any other Act by virtue of which certain\ndisputes may not be submitted to arbitration or may be submitted to\narbitration only according to provisions other than those of this Act.\n(6) Subject to subsection (5), this Act applies to arbitrations provided\nfor in any other Act as if:\n(a) the other Act were an arbitration agreement; and\n(b) the arbitration were pursuant to an arbitration agreement; and\n(c) the parties to the dispute which, by virtue of the other Act, is\nreferred to arbitration were the parties to the arbitration\nagreement;\nexcept in so far as the other Act otherwise indicates or requires.\nModel Law note for section 1\nThe term \"commercial\" should be given a wide interpretation so as to cover\nmatters arising from all relationships of a commercial nature, whether contractual\nor not. Relationships of a commercial nature include, but are not limited to, the\nfollowing transactions: any trade transaction for the supply or exchange of goods\nor services; distribution agreement; commercial representation or agency;\nfactoring; leasing; construction of works; consulting; engineering; licensing;\ninvestment; financing; banking; insurance; exploitation agreement or concession;\njoint venture and other forms of industrial or business cooperation; carriage of\ngoods or passengers by air, sea, rail or road.\n\nPart 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 4\nNote for section 1\nThis section differs from the Model Law to the extent necessary to apply Art 1 as\nincorporated in this Act to domestic commercial arbitrations.\n2 Definitions and rules of interpretation (Model Law Art 2)\n(1) In this Act:\narbitral tribunal means a sole arbitrator or a panel of arbitrators.\narbitration means any domestic commercial arbitration whether or\nnot administered by a permanent arbitral institution.\narbitration agreement, see section 7.\nconfidential information, in relation to arbitral proceedings, means\ninformation that relates to the arbitral proceedings or to an award\nmade in those proceedings and includes the following:\n(a) the statement of claim, statement of defence and all other\npleadings, submissions, statements or other information\nsupplied to the arbitral tribunal by a party;\n(b) any information supplied by a party to another party in\ncompliance with a direction of the arbitral tribunal;\n(c) any evidence (whether documentary or otherwise) supplied to\nthe arbitral tribunal;\n(d) any notes made by the arbitral tribunal of oral evidence or\nsubmissions given before the arbitral tribunal;\n(e) any transcript of oral evidence or submissions given before\nthe arbitral tribunal;\n(f) any rulings of the arbitral tribunal;\n(g) any award of the arbitral tribunal.\ndisclose, in relation to confidential information, includes publishing\nor communicating or otherwise supplying the confidential\ninformation.\ndomestic commercial arbitration, see section 1.\nexercise a function includes perform a duty.\nfunction includes a power, authority or duty.\ninterim measure, see section 17.\n\nPart 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 5\nModel Law means the UNCITRAL Model Law on International\nCommercial Arbitration (as adopted by the United Nations\nCommission on International Trade Law on 21 June 1985, and as\namended by the United Nations Commission on International Trade\nLaw on 7 July 2006).\nparty means a party to an arbitration agreement and includes:\n(a) any person claiming through or under a party to the arbitration\nagreement; and\n(b) in any case where an arbitration does not involve all of the\nparties to the arbitration agreement, those parties to the\narbitration agreement who are parties to the arbitration.\nthe Court means, subject to section 6(2), the Supreme Court.\nNote for subsection (1)\nThe definitions of arbitration agreement, confidential information, disclose,\ndomestic commercial arbitration, exercise, function, interim measure,\nModel Law, party and the Court are not included in the Model Law.\n(2) Where a provision of this Act, except section 28, leaves the parties\nfree to determine a certain issue, such freedom includes the right of\nthe parties to authorise a third party, including an institution, to\nmake that determination.\n(3) Where a provision of this Act refers to the fact that the parties have\nagreed or that they may agree or in any other way refers to an\nagreement of the parties, such agreement includes any arbitration\nrules referred to in that agreement.\n(4) Where a provision of this Act, other than sections 25(1)(a)\nand 32(2)(a), refers to a claim, it also applies to a counter-claim,\nand where it refers to a defence, it also applies to a defence to such\ncounter-claim.\n(5) Notes (other than the Model Law note for section 1) included in this\nAct do not form part of this Act.\nNote for subsection (5)\nThis provision is not included in the Model Law.\n(6) A heading to a section of this Act does not form part of this Act.\nNote for subsection (6)\nThis provision is included to give effect to footnote1 to Art 1 of the Model Law.\n\nPart 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 6\n","sortOrder":6},{"sectionNumber":"2A","sectionType":"section","heading":"International origin and general principles (Model Law Art 2A)","content":"2A International origin and general principles (Model Law Art 2A)\n(1) Subject to section 1C, in the interpretation of this Act, regard is to\nbe had to the need to promote so far as practicable uniformity\nbetween the application of this Act to domestic commercial\narbitrations and the application of the provisions of the Model Law\n(as given effect by the International Arbitration Act 1974 (Cth)) to\ninternational commercial arbitrations and the observance of good\nfaith.\n(2) (not used)\n(3) Without limiting subsection (1), in interpreting this Act, reference\nmay be made to the documents relating to the Model Law of:\n(a) the United Nations Commission on International Trade Law;\nand\n(b) its working groups for the preparation of the Model Law.\n(4) Subsection (3) does not affect the application of section 62B of the\nInterpretation Act 1978 for the purposes of interpreting this Act.\nNote for section 2A\nThis section differs from the Model Law. Art 2A(1) has been changed as a\nconsequence of the application of the Act to domestic (instead of international)\ncommercial arbitrations. Art 2A(2) is omitted because it is covered by the\nprovision referred to in section 1C(4). Subsections (3) and (4) reflect section 17\nof the International Arbitration Act 1974 (Cth).\n3 Receipt of written communications (Model Law Art 3)\n(1) Unless otherwise agreed by the parties:\n(a) any written communication is taken to be received if:\n(i) it is delivered to the addressee personally; or\n(ii) it is delivered at the addressee's place of business,\nhabitual residence or mailing address; or\n(iii) if none of these can be found after making a reasonable\ninquiry, it is delivered to the addressee's last-known\nplace of business, habitual residence or mailing address\nby registered letter or any other means which provides a\nrecord of the attempt to deliver it; and\n(b) the communication is taken to have been received on the day\nit is so delivered.\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"General provisions","content":"Part 1 General provisions\nCommercial Arbitration (National Uniform Legislation) Act 2011 7\n(2) The provisions of this section do not apply to communications in\ncourt proceedings.\n4 Waiver of right to object (Model Law Art 4)\nA party who knows that any provision of this Act from which the\nparties may derogate or any requirement under the arbitration\nagreement has not been complied with and yet proceeds with the\narbitration without stating the party's objection to such\nnon-compliance without undue delay or, if a time limit is provided\nfor stating the party's objection, within such period of time, is taken\nto have waived the party's right to object.\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Extent of court intervention (Model Law Art 5)","content":"5 Extent of court intervention (Model Law Art 5)\nIn matters governed by this Act, no court must intervene except\nwhere so provided by this Act.\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Court for certain functions of arbitration assistance and","content":"6 Court for certain functions of arbitration assistance and\nsupervision (Model Law Art 6)\n(1) The functions referred to in sections 11(3) and (4), 13(4), 14(2),\n16(9), 17H to 17J, 19(6), 27 to 27B, 27H to 27J, 33D, 34 and 34A\nare, subject to subsection (2), to be performed by the Supreme\nCourt.\n(2) If:\n(a) an arbitration agreement provides that the Local Court is to\nhave jurisdiction under this Act; or\n(b) the parties to an arbitration agreement have agreed in writing\nthat the Local Court is to have jurisdiction under this Act and\nthat agreement is in force;\nthe functions are to be performed, in relation to that agreement, by\nthe Local Court.\nNote for section 6\nThis section differs from the Model Law to the extent that it relates to functions\nconferred on the Court with respect to domestic commercial arbitrations that are\nnot referred to in the Model Law.\n\nPart 2 Arbitration agreement\nCommercial Arbitration (National Uniform Legislation) Act 2011 8\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Arbitration agreement","content":"Part 2 Arbitration agreement\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Definition and form of arbitration agreement (Model Law Art 7)","content":"7 Definition and form of arbitration agreement (Model Law Art 7)\n(1) An arbitration agreement is an agreement by the parties to submit\nto arbitration all or certain disputes which have arisen or which may\narise between them in respect of a defined legal relationship,\nwhether contractual or not.\n(2) An arbitration agreement may be in the form of an arbitration clause\nin a contract or in the form of a separate agreement.\n(3) The arbitration agreement must be in writing.\n(4) An arbitration agreement is in writing if its content is recorded in any\nform, whether or not the arbitration agreement or contract has been\nconcluded orally, by conduct, or by other means.\n(5) The requirement that an arbitration agreement be in writing is met\nby an electronic communication if the information contained in it is\naccessible so as to be useable for subsequent reference.\n(6) In this section:\ndata message means information generated, sent, received or\nstored by electronic, magnetic, optical or similar means, including,\nbut not limited to, electronic data interchange (EDI), electronic mail,\ntelegram, telex or telecopy.\nelectronic communication means any communication that the\nparties make by means of data messages.\n(7) Furthermore, an arbitration agreement is in writing if it is contained\nin an exchange of statements of claim and defence in which the\nexistence of an agreement is alleged by one party and not denied\nby the other.\n(8) The reference in a contract to any document containing an\narbitration clause constitutes an arbitration agreement in writing,\nprovided that the reference is such as to make that clause part of\nthe contract.\nNote for section 7\nThis section is substantially the same as Option 1 set out in Art 7 of the Model\nLaw.\n\nPart 3 Composition of arbitral tribunal\nCommercial Arbitration (National Uniform Legislation) Act 2011 9\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Arbitration agreement and substantive claim before court","content":"8 Arbitration agreement and substantive claim before court\n(Model Law Art 8)\n(1) A court before which an action is brought in a matter which is the\nsubject of an arbitration agreement must, if a party so requests not\nlater than when submitting the party's first statement on the\nsubstance of the dispute, refer the parties to arbitration unless it\nfinds that the agreement is null and void, inoperative or incapable of\nbeing performed.\n(2) Where an action referred to in subsection (1) has been brought,\narbitral proceedings may nevertheless be commenced or\ncontinued, and an award may be made, while the issue is pending\nbefore the court.\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Arbitration agreement and interim measures by court","content":"9 Arbitration agreement and interim measures by court\n(Model Law Art 9)\nIt is not incompatible with an arbitration agreement for a party to\nrequest, before or during arbitral proceedings, from a court an\ninterim measure of protection and for a court to grant the measure.\nPart 3 Composition of arbitral tribunal\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Number of arbitrators (Model Law Art 10)","content":"10 Number of arbitrators (Model Law Art 10)\n(1) The parties are free to determine the number of arbitrators.\n(2) Failing such determination, the number of arbitrators is to be one.\nNote for section 10\nSubsection (2) differs from Art 10(2) of the Model Law, which provides for\n3 arbitrators if the parties do not determine the number of arbitrators.\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of arbitrators (Model Law Art 11)","content":"11 Appointment of arbitrators (Model Law Art 11)\n(1) (Not used)\nNote for subsection (1)\nArt 11(1) of the Model Law (which provides that no person is precluded by\nnationality from acting as an arbitrator unless otherwise agreed by the parties)\nhas been omitted\n(2) The parties are free to agree on a procedure of appointing the\narbitrator or arbitrators, subject to the provisions of subsections (4)\nand (5).\n\nPart 3 Composition of arbitral tribunal\nCommercial Arbitration (National Uniform Legislation) Act 2011 10\n(3) Failing such agreement:\n(a) in an arbitration with 3 arbitrators and 2 parties, each party is\nto appoint one arbitrator, and the 2 arbitrators so appointed\nare to appoint the third arbitrator; if a party fails to appoint the\narbitrator within 30 days of receipt of a request to do so from\nthe other party, or if the 2 arbitrators fail to agree on the third\narbitrator within 30 days of their appointment, the appointment\nis to be made, on the request of a party, by the Court; and\n(b) in an arbitration with a sole arbitrator, if the parties are unable\nto agree on the arbitrator, an arbitrator is to be appointed, on\nthe request of a party, by the Court; and\n(c) in an arbitration with 2, 4 or more arbitrators or with\n3 arbitrators and more than 2 parties the appointment is to be\nmade, at the request of a party, by the Court.\n(4) Where, under an appointment procedure agreed on by the parties:\n(a) a party fails to act as required under the procedure; or\n(b) the parties, or 2 or more arbitrators, are unable to reach an\nagreement expected of them under the procedure; or\n(c) a third party, including an institution, fails to perform any\nfunction entrusted to it under the procedure;\nany party may request the Court to take the necessary measure,\nunless the agreement on the appointment procedure provides other\nmeans for securing the appointment.\n(5) A decision of the Court under subsection (3) or (4) is final.\n(5A) However, subsection (5) does not limit judicial review.\n(6) The Court, in appointing an arbitrator, is to have due regard to any\nqualifications required of the arbitrator by the agreement of the\nparties and to such considerations as are likely to secure the\nappointment of an independent and impartial arbitrator.\nNote for section 11\nThis section (other than subsections (3)(c), (5A) and (6)) is substantially the\nsame as Art 11 of the Model Law. Subsection (3)(c) is added to cover the\ncontingency of the parties failing to agree on the procedure to appoint arbitrators\nin certain circumstances not covered by the Model Law as incorporated in this\nAct. It is based on clause 11(6) of Schedule 1 to the Arbitration Act 1996 (NZ).\nSubsection (5A) makes it clear that although subsection (5) excludes appeal\nrights, it does not preclude judicial review of a decision of the Court.\nSubsection (6) does not include the requirement in Art 11(5) of the Model Law\nthat the Court take into account the advisability of appointing an arbitrator of a\n\nPart 3 Composition of arbitral tribunal\nCommercial Arbitration (National Uniform Legislation) Act 2011 11\nnationality other than those of the parties in appointing a sole or third arbitrator as\nthis is not relevant in the context of domestic commercial arbitrations.\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Grounds for challenge (Model Law Art 12)","content":"12 Grounds for challenge (Model Law Art 12)\n(1) When a person is approached in connection with the person's\npossible appointment as an arbitrator, the person must disclose any\ncircumstances likely to give rise to justifiable doubts as to the\nperson's impartiality or independence.\n(2) An arbitrator, from the time of the arbitrator's appointment and\nthroughout the arbitral proceedings, must without delay disclose\nany circumstances of the kind referred to in subsection (1) to the\nparties unless they have already been informed of them by the\narbitrator.\n(3) An arbitrator may be challenged only if circumstances exist that\ngive rise to justifiable doubts as to the arbitrator's impartiality or\nindependence, or if the arbitrator does not possess qualifications\nagreed to by the parties.\n(4) A party may challenge an arbitrator appointed by the party, or in\nwhose appointment the party has participated, only for reasons of\nwhich the party becomes aware after the appointment has been\nmade.\n(5) For the purposes of subsection (1), there are justifiable doubts as to\nthe impartiality or independence of a person approached in\nconnection with a possible appointment as arbitrator only if there is\na real danger of bias on the part of the person in conducting the\narbitration.\n(6) For the purposes of subsection (3), there are justifiable doubts as to\nthe impartiality or independence of an arbitrator only if there is a\nreal danger of bias on the part of the arbitrator in conducting the\narbitration.\nNote for section 12\nThis section (other than subsections (5) and (6)) is substantially the same as\nArt 12 of the Model Law. Subsections (5) and (6) provide that the test for whether\nthere are justifiable doubts as to the impartiality or independence of a person or\narbitrator is whether there is a real danger of bias.\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Challenge procedure (Model Law Art 13)","content":"13 Challenge procedure (Model Law Art 13)\n(1) The parties are free to agree on a procedure for challenging an\narbitrator, subject to subsection (4).\n(2) Failing such agreement, a party who intends to challenge an\narbitrator must, within 15 days after becoming aware of the\nconstitution of the arbitral tribunal or after becoming aware of any\n\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Composition of arbitral tribunal","content":"Part 3 Composition of arbitral tribunal\nCommercial Arbitration (National Uniform Legislation) Act 2011 12\ncircumstance referred to in section 12(3), send a written statement\nof the reasons for the challenge to the arbitral tribunal.\n(3) Unless the challenged arbitrator withdraws from office or the other\nparty agrees to the challenge, the arbitral tribunal must decide on\nthe challenge.\n(4) If a challenge under any procedure agreed on by the parties or\nunder the procedure of subsections (2) and (3) is not successful,\nthe challenging party may request, within 30 days after having\nreceived notice of the decision rejecting the challenge, the Court to\ndecide on the challenge.\n(5) A decision of the Court under subsection (4) is final.\n(5A) However, subsection (5) does not limit judicial review.\n(6) While a request under subsection (4) is pending, the arbitral\ntribunal, including the challenged arbitrator, may continue the\narbitral proceedings and make an award.\nNote for section 13\nSection 13 (other than subsection (5A)) is substantially the same as Art 13 of the\nModel Law. Subsection (5A) makes it clear that although subsection (5) excludes\nappeal rights, it does not preclude judicial review of a decision of the Court.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Failure or impossibility to act (Model Law Art 14)","content":"14 Failure or impossibility to act (Model Law Art 14)\n(1) If an arbitrator becomes in law or in fact unable to perform the\narbitrator's functions or for other reasons fails to act without undue\ndelay, the arbitrator's mandate terminates if the arbitrator withdraws\nfrom office or if the parties agree on the termination.\n(2) Otherwise, if a controversy remains concerning any of these\ngrounds, any party may request the Court to decide on the\ntermination of the mandate.\n(3) A decision of the Court under subsection (2) is final.\n(3A) However, subsection (3) does not limit judicial review.\n(4) If, under this section or section 13(3), an arbitrator withdraws from\noffice or a party agrees to the termination of the mandate of an\narbitrator, this does not imply acceptance of the validity of any\nground referred to in this section or section 12(3).\nNote for section 14\nSection 14 (other than subsection (3A)) is substantially the same as Art 14 of the\nModel Law. Subsection (3A) makes it clear that although subsection (3) excludes\nappeal rights, it does not preclude judicial review of a decision of the Court.\n\nPart 4 Jurisdiction of arbitral tribunal\nCommercial Arbitration (National Uniform Legislation) Act 2011 13\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of substitute arbitrator (Model Law Art 15)","content":"15 Appointment of substitute arbitrator (Model Law Art 15)\nWhere the mandate of an arbitrator terminates under section 13\nor 14 or because of the arbitrator's withdrawal from office for any\nother reason or because of the revocation of the arbitrator's\nmandate by agreement of the parties or in any other case of\ntermination of the arbitrator's mandate, a substitute arbitrator must\nbe appointed according to the rules that were applicable to the\nappointment of the arbitrator being replaced.\n","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Jurisdiction of arbitral tribunal","content":"Part 4 Jurisdiction of arbitral tribunal\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Competence of arbitral tribunal to rule on its jurisdiction","content":"16 Competence of arbitral tribunal to rule on its jurisdiction\n(Model Law Art 16)\n(1) The arbitral tribunal may rule on its own jurisdiction, including any\nobjections with respect to the existence or validity of the arbitration\nagreement.\n(2) For that purpose, an arbitration clause which forms part of a\ncontract is to be treated as an agreement independent of the other\nterms of the contract.\n(3) A decision by the arbitral tribunal that the contract is null and void\ndoes not of itself entail the invalidity of the arbitration clause.\nNote for subsection (3)\nThe Model Law provides that such a decision does not \"ipso jure\" entail the\ninvalidity of the arbitration clause.\n(4) A plea that the arbitral tribunal does not have jurisdiction must be\nraised not later than the submission of the statement of defence.\n(5) A party is not precluded from raising such a plea by the fact that the\nparty has appointed, or participated in the appointment of, an\narbitrator.\n(6) A plea that the arbitral tribunal is exceeding the scope of its\nauthority must be raised as soon as the matter alleged to be\nbeyond the scope of its authority is raised during the arbitral\nproceedings.\n(7) The arbitral tribunal may, in the case of a plea referred to in\nsubsection (4) or (6), admit a later plea if it considers the delay\njustified.\n(8) The arbitral tribunal may rule on a plea referred to in subsection (4)\nor (6) either as a preliminary question or in an award on the merits.\n\nPart 4A Interim measures\nDivision 1 Interim measures\nCommercial Arbitration (National Uniform Legislation) Act 2011 14\n(9) If the arbitral tribunal rules as a preliminary question that it has\njurisdiction, any party may request, within 30 days after having\nreceived notice of that ruling, the Court to decide the matter.\n(10) A decision of the Court under subsection (9) is final.\n(10A) Subsection (10) does not limit judicial review.\n(11) While a request under subsection (9) is pending, the arbitral tribunal\nmay continue the arbitral proceedings and make an award.\nNote for section 16\nSection 16 (other than subsection (10A)) is substantially the same as Art 16 of\nthe Model Law. Subsection (10A) makes it clear that although subsection (10)\nexcludes appeal rights, it does not preclude judicial review of a decision of the\nCourt.\nPart 4A Interim measures\nDivision 1 Interim measures\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Power of arbitral tribunal to order interim measures (Model Law","content":"17 Power of arbitral tribunal to order interim measures (Model Law\nArt 17)\n(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at\nthe request of a party, grant interim measures.\n(2) An interim measure is any temporary measure, whether in the\nform of an award or in another form, by which, at any time prior to\nthe issuance of the award by which the dispute is finally decided,\nthe arbitral tribunal orders a party to:\n(a) maintain or restore the status quo pending determination of\nthe dispute; or\n(b) take action that would prevent, or refrain from taking action\nthat is likely to cause, current or imminent harm or prejudice to\nthe arbitral process itself; or\n(c) provide a means of preserving assets out of which a\nsubsequent award may be satisfied; or\n(d) preserve evidence that may be relevant and material to the\nresolution of the dispute.\n(3) Without limiting subsection (2), the arbitral tribunal may make\norders with respect to any of the following:\n(a) security for costs;\n\nPart 4A Interim measures\n","sortOrder":24},{"sectionNumber":"Div 1","sectionType":"division","heading":"Interim measures","content":"Division 1 Interim measures\nCommercial Arbitration (National Uniform Legislation) Act 2011 15\n(b) discovery of documents and interrogatories;\n(c) giving of evidence by affidavit;\n(d) the inspection of any property which is or forms part of the\nsubject matter of the dispute;\n(e) the taking of photographs of any property which is or forms\npart of the subject matter of the dispute;\n(f) samples to be taken from, or any observation to be made of or\nexperiment conducted on, any property which is or forms part\nof the subject matter of the dispute;\n(g) dividing, recording and strictly enforcing the time allocated for\na hearing between the parties (a stop clock arbitration).\nNote for section 17\nSubsections (1) and (2) are substantially the same as Art 17 of the Model Law.\nThere is no equivalent of subsection (3) in the Model Law.\n","sortOrder":25},{"sectionNumber":"17A","sectionType":"section","heading":"Conditions for granting interim measures (Model Law Art 17A)","content":"17A Conditions for granting interim measures (Model Law Art 17A)\n(1) The party requesting an interim measure under section 17(2)(a), (b)\nor (c) must satisfy the arbitral tribunal that:\n(a) harm not adequately reparable by an award of damages is\nlikely to result if the measure is not ordered, and that harm\nsubstantially outweighs the harm that is likely to result to the\nparty against whom the measure is directed if the measure is\ngranted; and\n(b) there is a reasonable possibility that the requesting party will\nsucceed on the merits of the claim.\n(2) The determination on the possibility referred to in subsection (1)(b)\ndoes not affect the discretion of the arbitral tribunal in making any\nsubsequent determination.\n(3) With regard to a request for an interim measure under\nsection 17(2)(d), the requirements in subsection (1)(a) and (b) and\nsubsection (2) apply only to the extent the arbitral tribunal considers\nappropriate.\n\nPart 4A Interim measures\nDivision 3 Provisions applicable to interim measures\nCommercial Arbitration (National Uniform Legislation) Act 2011 16\n","sortOrder":26},{"sectionNumber":"Div 2","sectionType":"division","heading":"Preliminary orders","content":"Division 2 Preliminary orders\n17B (not used)\nNote for section 17B\nArt 17B of the Model Law, which provides for ex parte requests for interim\nmeasures together with applications for preliminary orders directing parties not to\nfrustrate the interim measures, has been omitted.\n17C (not used)\nNote for section 17C\nArt 17C of the Model Law, which contains safeguards for the party against whom\na preliminary order is directed under Art 17B, is omitted as a consequence of the\nomission of Art 17B.\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"Provisions applicable to interim measures","content":"Division 3 Provisions applicable to interim measures\n","sortOrder":28},{"sectionNumber":"17D","sectionType":"section","heading":"Modification, suspension, termination (Model Law Art 17D)","content":"17D Modification, suspension, termination (Model Law Art 17D)\nThe arbitral tribunal may modify, suspend or terminate an interim\nmeasure it has granted, on application of any party or, in\nexceptional circumstances and on prior notice to the parties, on the\narbitral tribunal's own initiative.\nNote for section 17D\nThis section is substantially the same as Art 17D of the Model Law but contains\nno reference to preliminary orders as a consequence of this Act not including an\nequivalent of Arts 17B and 17C of the Model Law.\n","sortOrder":29},{"sectionNumber":"17E","sectionType":"section","heading":"Provision of security (Model Law Art 17E)","content":"17E Provision of security (Model Law Art 17E)\n(1) The arbitral tribunal may require the party requesting an interim\nmeasure to provide appropriate security in connection with the\nmeasure.\n(2) (not used)\nNote for section 17E\nSubsection (1) is the same as Art 17E(1) of the Model Law. Art 17E(2) is omitted\nas a consequence of this Act not including equivalents to Arts 17B and 17C of\nthe Model Law.\n","sortOrder":30},{"sectionNumber":"17F","sectionType":"section","heading":"Disclosure (Model Law Art 17F)","content":"17F Disclosure (Model Law Art 17F)\n(1) The arbitral tribunal may require any party promptly to disclose any\nmaterial change in the circumstances on the basis of which the\nmeasure was requested or granted.\n\nPart 4A Interim measures\nDivision 4 Recognition and enforcement of interim measures\nCommercial Arbitration (National Uniform Legislation) Act 2011 17\n(2) (not used)\nNote for section 17F\nSubsection (1) is the same as Art 17F(1) of the Model Law. Art 17F(2) is omitted\nas a consequence of this Act not including equivalents to Arts 17B and 17C of\nthe Model Law.\n","sortOrder":31},{"sectionNumber":"17G","sectionType":"section","heading":"Costs and damages (Model Law Art 17G)","content":"17G Costs and damages (Model Law Art 17G)\n(1) The party requesting an interim measure is liable for any costs and\ndamages caused by the measure to any party if the arbitral tribunal\nlater determines that, in the circumstances, the measure should not\nhave been granted.\n(2) The arbitral tribunal may award such costs and damages at any\npoint during the proceedings.\nNote for section 17G\nThis section is substantially the same as Art 17G of the Model Law but the\nreference to applications for preliminary orders is omitted as a consequence of\nthis Act not including equivalents to Arts 17B and 17C of the Model Law.\nDivision 4 Recognition and enforcement of interim measures\n","sortOrder":32},{"sectionNumber":"17H","sectionType":"section","heading":"Recognition and enforcement (Model Law Art 17H)","content":"17H Recognition and enforcement (Model Law Art 17H)\n(1) An interim measure issued by an arbitral tribunal under the law of\nthe Territory is to be recognised as binding and, unless otherwise\nprovided by the arbitral tribunal, enforced on application to the\nCourt, subject to the provisions of section 17I.\n(2) An interim measure issued by an arbitral tribunal under the law of a\nState or another Territory is to be recognised as binding in the\nTerritory and, unless otherwise provided by the arbitral tribunal,\nenforced on application to the Court, irrespective of the State or\nTerritory in which it was issued, subject to the provisions of\nsection 17I.\n(3) The party who is seeking or has obtained recognition or\nenforcement of an interim measure must promptly inform the Court\nof any termination, suspension or modification of that interim\nmeasure.\n\n","sortOrder":33},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Interim measures","content":"Part 4A Interim measures\n","sortOrder":34},{"sectionNumber":"Div 4","sectionType":"division","heading":"Recognition and enforcement of interim measures","content":"Division 4 Recognition and enforcement of interim measures\nCommercial Arbitration (National Uniform Legislation) Act 2011 18\n(4) The Court may, if it considers it proper, order the requesting party\nto provide appropriate security if the arbitral tribunal has not already\nmade a determination with respect to security or where such a\ndecision is necessary to protect the rights of third parties.\nNote for section 17H\nThis section differs from Art 17H of the Model Law to the extent necessary to\napply Art 17H as incorporated in this Act in the context of domestic commercial\narbitrations.\n","sortOrder":35},{"sectionNumber":"17I","sectionType":"section","heading":"Grounds for refusing recognition or enforcement (Model Law","content":"17I Grounds for refusing recognition or enforcement (Model Law\nArt 17I)\n(1) Recognition or enforcement of an interim measure may be refused\nonly:\n(a) at the request of the party against whom it is invoked if the\nCourt is satisfied that:\n(i) such a refusal is warranted on the grounds set out in\nsection 36(1)(a)(i), (ii), (iii) or (iv); or\n(ii) the arbitral tribunal's decision with respect to the\nprovision of security in connection with the interim\nmeasure issued by the arbitral tribunal has not been\ncomplied with; or\n(iii) the interim measure has been terminated or suspended\nby the arbitral tribunal or, where so empowered, by the\ncourt of the State or Territory in which the arbitration\ntakes place or under the law of which that interim\nmeasure was granted; or\n(b) if the Court finds that:\n(i) the interim measure is incompatible with the powers\nconferred on the Court unless the Court decides to\nreformulate the interim measure to the extent necessary\nto adapt it to its own powers and procedures for the\npurposes of enforcing that interim measure and without\nmodifying its substance; or\n(ii) any of the grounds set out in section 36(1)(b)(i) or (ii)\napply to the recognition and enforcement of the interim\nmeasure.\n(2) Any determination made by the Court on any ground in\nsubsection (1) is effective only for the purposes of the application to\nrecognise and enforce the interim measure.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 19\n(3) The Court must not, in making a determination with respect to the\nrecognition or enforcement sought, undertake a review of the\nsubstance of the interim measure.\nNote for section 17I\nThis section is substantially the same as Art 17I of the Model Law but has been\nmodified to the extent necessary to apply Art 17I as incorporated in this Act in the\ncontext of domestic commercial arbitrations.\n","sortOrder":36},{"sectionNumber":"Div 5","sectionType":"division","heading":"Court-ordered interim measures","content":"Division 5 Court-ordered interim measures\n","sortOrder":37},{"sectionNumber":"17J","sectionType":"section","heading":"Court-ordered interim measures (Model Law Art 17J)","content":"17J Court-ordered interim measures (Model Law Art 17J)\n(1) The Court has the same power of issuing an interim measure in\nrelation to arbitration proceedings as it has in relation to\nproceedings in courts.\n(2) The Court is to exercise the power in accordance with its own\nprocedures taking into account the specific features of a domestic\ncommercial arbitration.\nNote for section 17J\nThis section is substantially the same as Art 17J of the Model Law but has been\nmodified to the extent necessary to apply Art 17J as incorporated in this Act in\nthe context of domestic commercial arbitrations.\nPart 5 Conduct of arbitral proceedings\n","sortOrder":38},{"sectionNumber":"18","sectionType":"section","heading":"Equal treatment of parties (Model Law Art 18)","content":"18 Equal treatment of parties (Model Law Art 18)\nThe parties must be treated with equality and each party must be\ngiven a reasonable opportunity of presenting the party's case.\nNote for section 18\nThis section differs from the Model Law to the extent that it requires a party to be\ngiven a \"reasonable\", instead of \"full\", opportunity of presenting the party's case.\n","sortOrder":39},{"sectionNumber":"19","sectionType":"section","heading":"Determination of rules of procedure (Model Law Art 19)","content":"19 Determination of rules of procedure (Model Law Art 19)\n(1) Subject to the provisions of this Act, the parties are free to agree on\nthe procedure to be followed by the arbitral tribunal in conducting\nthe proceedings.\n(2) Failing such agreement, the arbitral tribunal may, subject to the\nprovisions of this Act, conduct the arbitration in such manner as it\nconsiders appropriate.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 20\n(3) The power conferred on the arbitral tribunal includes the power to\ndetermine the admissibility, relevance, materiality and weight of any\nevidence.\n(4) The power conferred on the tribunal also includes the power to\nmake orders or give directions for the examination of a party or\nwitness on oath.\n(5) (not used)\n(6) An order made or direction given by an arbitral tribunal in the\ncourse of arbitral proceedings is, by leave of the Court, enforceable\nin the same manner as if it were an order of the Court and, where\nleave is so given, judgment may be entered in terms of the order or\ndirection.\nNote for section 19\nThis section (other than subsections (4) and 6)) is substantially the same as\nArt 19 of the Model Law. Subsections (4) and (6) elaborate on the powers\nconferred on arbitral tribunals.\n","sortOrder":40},{"sectionNumber":"20","sectionType":"section","heading":"Place of arbitration (Model Law Art 20)","content":"20 Place of arbitration (Model Law Art 20)\n(1) The parties are free to agree on the place of arbitration.\n(2) Failing such agreement, the place of arbitration is to be determined\nby the arbitral tribunal having regard to the circumstances of the\ncase, including the convenience of the parties.\n(3) Despite subsection (1), the arbitral tribunal may, unless otherwise\nagreed by the parties, meet at any place (whether or not in the\nTerritory) it considers appropriate for consultation among its\nmembers, for hearing witnesses, experts or the parties, or for\ninspection of goods, other property or documents.\n","sortOrder":41},{"sectionNumber":"21","sectionType":"section","heading":"Commencement of arbitral proceedings (Model Law Art 21)","content":"21 Commencement of arbitral proceedings (Model Law Art 21)\nUnless otherwise agreed by the parties, the arbitral proceedings in\nrespect of a particular dispute commence on the date on which a\nrequest for that dispute to be referred to arbitration is received by\nthe respondent.\n","sortOrder":42},{"sectionNumber":"22","sectionType":"section","heading":"Language (Model Law Art 22)","content":"22 Language (Model Law Art 22)\n(1) The parties are free to agree on the language or languages to be\nused in the arbitral proceedings.\n(2) Failing agreement as referred to in subsection (1), the arbitral\ntribunal is to determine the language or languages to be used in the\nproceedings.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 21\n(3) This agreement or determination, unless otherwise specified in the\nagreement or determination, is to apply to any written statement by\na party, any hearing and any award, decision or other\ncommunication by the arbitral tribunal.\n(4) The arbitral tribunal may order that any documentary evidence is to\nbe accompanied by a translation into the language or languages\nagreed on by the parties or determined by the arbitral tribunal.\n","sortOrder":43},{"sectionNumber":"23","sectionType":"section","heading":"Statements of claim and defence (Model Law Art 23)","content":"23 Statements of claim and defence (Model Law Art 23)\n(1) Subject to any contrary agreement of the parties or a direction of\nthe arbitral tribunal, within the period of time agreed by the parties\nor determined by the arbitral tribunal, the claimant must state the\nfacts supporting his or her claim, the points at issue and the relief or\nremedy sought, and the respondent must state the respondent's\ndefence in respect of these particulars, unless the parties have\notherwise agreed as to the required elements of such statements.\n(2) The parties may submit with their statements all documents they\nconsider to be relevant or may add a reference to the documents or\nother evidence they will submit.\n(3) Unless otherwise agreed by the parties, either party may amend or\nsupplement the party's claim or defence during the course of the\narbitral proceedings, unless the arbitral tribunal considers it\ninappropriate to allow such amendment having regard to the delay\nin making it.\n(4) Subsection (1) does not require a statement by a claimant or\nrespondent to be in a particular form.\nNote for section 23\nThis section (other than subsections (1) and (4)) is substantially the same as\nArt 23 of the Model Law. Subsection (1) has effect subject to any contrary\nagreement of the parties or direction of the arbitral tribunal. Subsection (4) makes\nit clear that it is not necessary to use a particular form of statement of claim or\ndefence.\n","sortOrder":44},{"sectionNumber":"24","sectionType":"section","heading":"Hearings and written proceedings (Model Law Art 24)","content":"24 Hearings and written proceedings (Model Law Art 24)\n(1) Subject to any contrary agreement by the parties, the arbitral\ntribunal is to decide whether to hold oral hearings for the\npresentation of evidence or for oral argument, or whether the\nproceedings are to be conducted on the basis of documents and\nother materials.\n(2) However, unless the parties have agreed that no hearings are to be\nheld, the arbitral tribunal must hold such hearings at an appropriate\nstage of the proceedings, if so requested by a party.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 22\n(3) The parties must be given sufficient advance notice of any hearing\nand of any meeting of the arbitral tribunal for the purposes of\ninspection of goods, other property or documents.\n(4) All statements, documents or other information supplied to the\narbitral tribunal by one party must be communicated to the other\nparty.\n(5) Also, any expert report or evidentiary document on which the\narbitral tribunal may rely in making its decision must be\ncommunicated to the parties.\n","sortOrder":45},{"sectionNumber":"24A","sectionType":"section","heading":"Representation","content":"24A Representation\n(1) The parties may appear or act in person, or may be represented by\nanother person of their choice, in any oral hearings under\nsection 24.\n(2) A person who is not admitted to practise as a legal practitioner in\nthe Territory does not commit an offence under or breach the\nprovisions of the Legal Profession Act 2006 or any other Act merely\nby representing a party in arbitral proceedings in the Territory.\nNote for section 24A\nThere is no equivalent of this section in the Model Law.\n","sortOrder":46},{"sectionNumber":"24B","sectionType":"section","heading":"General duties of parties","content":"24B General duties of parties\n(1) The parties must do all things necessary for the proper and\nexpeditious conduct of the arbitral proceedings.\n(2) Without limitation, the parties must:\n(a) comply without undue delay with any order or direction of the\narbitral tribunal with respect to any procedural, evidentiary or\nother matter; and\n(b) take without undue delay any necessary steps to obtain a\ndecision (if required) of the Court with respect to any function\nconferred on the Court under section 6.\n(3) A party must not wilfully do or cause to be done any act to delay or\nprevent an award being made.\nNote for section 24B\nThere is no equivalent of this section in the Model Law.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 23\n","sortOrder":47},{"sectionNumber":"25","sectionType":"section","heading":"Default of a party (Model Law Art 25)","content":"25 Default of a party (Model Law Art 25)\n(1) Unless otherwise agreed by the parties, if, without showing\nsufficient cause:\n(a) the claimant fails to communicate the claimant's statement of\nclaim in accordance with section 23(1) – the arbitral tribunal\nmay terminate the proceedings; or\n(b) the respondent fails to communicate the respondent's\nstatement of defence in accordance with section 23(1) – the\narbitral tribunal may continue the proceedings without treating\nsuch failure in itself as an admission of the claimant's\nallegations; or\n(c) any party fails to appear at a hearing or to produce\ndocumentary evidence – the arbitral tribunal may continue the\nproceedings and make the award on the evidence before it.\n(2) Unless otherwise agreed by the parties, if a party fails to do any\nother thing necessary for the proper and expeditious conduct of the\narbitration the arbitral tribunal:\n(a) if satisfied that there has been inordinate and inexcusable\ndelay on the part of the claimant in pursuing the claim – may\nmake an award dismissing the claim or may give directions\n(with or without conditions) for the speedy determination of the\nclaim; or\n(b) if without sufficient cause a party fails to comply with any order\nor direction of the arbitral tribunal – may make an order\nrequiring the party to comply with the terms of the earlier order\nor direction within the period specified by the arbitral tribunal\n(a peremptory order).\n(3) If a party fails to comply with a peremptory order, the arbitral\ntribunal may do any of the following:\n(a) direct that the party in default is not to be entitled to rely on\nany allegation or material which was the subject matter of the\nperemptory order;\n(b) draw such adverse inferences from the failure to comply as\nthe circumstances justify;\n(c) proceed to an award on the basis of any materials that have\nbeen properly provided to the arbitral tribunal;\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 24\n(d) without limiting section 33B(4), in making an award give any\ndirection or order that it thinks fit as to the payment of the\ncosts of the arbitration incurred in consequence of the\nnon-compliance.\nNote for section 25\nSubsection (1) is substantially the same as Art 25 of the Model Law. There are\nno equivalents to the other provisions of the section in the Model Law.\n","sortOrder":48},{"sectionNumber":"26","sectionType":"section","heading":"Expert appointed by arbitral tribunal (Model Law Art 26)","content":"26 Expert appointed by arbitral tribunal (Model Law Art 26)\n(1) Unless otherwise agreed by the parties, the arbitral tribunal:\n(a) may appoint one or more experts to report to it on specific\nissues to be determined by the arbitral tribunal; and\n(b) may require a party to give the expert any relevant information\nor to produce, or to provide access to, any relevant\ndocuments, goods or other property for the expert's\ninspection.\n(2) Unless otherwise agreed by the parties, if a party so requests or if\nthe arbitral tribunal considers it necessary, the expert must, after\ndelivery of the expert's written or oral report, participate in a hearing\nwhere the parties have the opportunity to put questions to the\nexpert and present expert witnesses in order to testify on the points\nat issue.\n","sortOrder":49},{"sectionNumber":"27","sectionType":"section","heading":"Court assistance in taking evidence (Model Law Art 27)","content":"27 Court assistance in taking evidence (Model Law Art 27)\n(1) The arbitral tribunal or a party with the approval of the arbitral\ntribunal may request from the Court assistance in taking evidence.\n(2) The Court may execute the request within its competence and\nsubject to and in accordance with rules of court.\nNote for section 27\nThis section is substantially the same as Art 27 of the Model Law but the\nreference to rules of court has been amended for consistency with sections 27A\nand 27B and a request for assistance may only be made to the Court, not any\ncompetent court.\n","sortOrder":50},{"sectionNumber":"27A","sectionType":"section","heading":"Parties may obtain subpoenas","content":"27A Parties may obtain subpoenas\n(1) The Court may, on the application of any party, and subject to and\nin accordance with rules of court, issue a subpoena requiring a\nperson:\n(a) to attend for examination before the arbitral tribunal; or\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 25\n(b) to produce to the arbitral tribunal the documents specified in\nthe subpoena; or\n(c) to do both of those things.\n(2) A party may only make an application to the Court under\nsubsection (1) with the permission of the arbitral tribunal.\n(3) A person must not be compelled under any subpoena issued in\naccordance with subsection (1) to answer any question or produce\nany document that the person could not be compelled to answer or\nproduce in a proceeding before the Court.\nNote for section 27A\nThere is no equivalent of this section in the Model Law.\n","sortOrder":51},{"sectionNumber":"27B","sectionType":"section","heading":"Refusal or failure to attend before arbitral tribunal or to","content":"27B Refusal or failure to attend before arbitral tribunal or to\nproduce document\n(1) For the purposes of this section, a person is a person in default in\nrelation to proceedings before an arbitral tribunal under an\narbitration agreement if the person:\n(a) refuses or fails to attend before the arbitral tribunal for\nexamination when required under a subpoena or by the\narbitral tribunal to do so; or\n(b) refuses or fails to produce a document that the person is\nrequired under a subpoena or by the arbitral tribunal to\nproduce; or\n(c) when appearing as a witness before the arbitral tribunal:\n(i) refuses or fails to take an oath or to make an affidavit\nwhen required by the arbitral tribunal to do so; or\n(ii) refuses or fails to answer a question that the witness is\nrequired by the arbitral tribunal to answer; or\n(d) refuses or fails to do any other thing which the arbitral tribunal\nmay require.\n(2) Unless otherwise agreed by the parties, the Court may, on the\napplication of a party or the arbitral tribunal, order a person in\ndefault to do any or all of the following:\n(a) attend the Court to be examined as a witness;\n(b) produce the relevant document to the Court;\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 26\n(c) do the relevant thing.\n(3) A party may only make an application to the Court under\nsubsection (2) with the permission of the arbitral tribunal.\n(4) The Court must not make an order under subsection (2) in relation\nto a person who is not a party to the arbitral proceedings unless:\n(a) before the order is made, the person is given an opportunity to\nmake representations to the Court; and\n(b) the Court is satisfied that it is reasonable in all the\ncircumstances to make the order.\n(5) A person must not be compelled under an order made under\nsubsection (2) to answer any question or produce any document\nwhich the person could not be compelled to answer or produce in a\nproceeding before the Court.\n(6) If the Court makes an order under subsection (2), it may in addition\nmake orders for the transmission to the arbitral tribunal of any of the\nfollowing:\n(a) a record of any evidence given under the order;\n(b) any document produced under the order or a copy of any such\ndocument;\n(c) particulars of any thing done under the order.\n(7) Any evidence, document or thing transmitted under subsection (6)\nis taken to have been given, produced or done (as the case\nrequires) in the course of the arbitral proceedings.\nNote for section 27B\nThere is no equivalent of this section in the Model Law.\n","sortOrder":52},{"sectionNumber":"27C","sectionType":"section","heading":"Consolidation of arbitral proceedings","content":"27C Consolidation of arbitral proceedings\n(1) Unless otherwise agreed by the parties, a party to arbitral\nproceedings may apply to the arbitral tribunal for an order under\nthis section in relation to those proceedings and other arbitral\nproceedings (whether before that tribunal or another tribunal or\nother tribunals) on the ground that:\n(a) a common question of law or fact arises in all those\nproceedings; or\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 27\n(b) the rights to relief claimed in all those proceedings are in\nrespect of, or arise out of, the same transaction or series of\ntransactions; or\n(c) for some other reason specified in the application, it is\ndesirable that an order be made under this section.\n(2) In this section, 2 or more arbitral proceedings that are the subject of\nan application under subsection (1) are called the related\nproceedings.\n(3) The following orders may be made under this section in relation to\nthe related proceedings:\n(a) that the proceedings be consolidated on terms specified in the\norder;\n(b) that the proceedings be heard at the same time or in a\nsequence specified in the order;\n(c) that any of the proceedings be stayed pending the\ndetermination of any of the other proceedings.\n(4) If all the related proceedings are being conducted by the same\ntribunal, the tribunal may make any order under this section that it\nthinks fit in relation to those proceedings and, if an order is made,\nthe proceedings must be dealt with in accordance with the order.\n(5) If 2 or more arbitral tribunals are conducting the related\nproceedings:\n(a) the tribunal that received the application must communicate\nthe substance of the application to the other tribunals\nconcerned; and\n(b) the tribunals must, as soon as practicable, deliberate jointly on\nthe application.\n(6) If the tribunals agree, after deliberation on the application, that a\nparticular order under this section should be made in relation to the\nrelated proceedings:\n(a) the tribunals are to jointly make the order; and\n(b) the related proceedings are to be dealt with in accordance\nwith the order; and\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 28\n(c) if the order is that the related proceedings be consolidated –\nthe arbitrator or arbitrators for the purposes of the\nconsolidated proceedings are to be appointed, in accordance\nwith sections 10 and 11, from the members of the tribunals.\n(7) If the tribunals are unable to make an order under subsection (6),\nthe related proceedings are to proceed as if no application has\nbeen made under subsection (1).\n(8) Before making an order under this section, the arbitral tribunal or\ntribunals concerned must take into account whether any party\nwould or might suffer substantial hardship if the order were made.\n(9) This section does not prevent the parties to related proceedings\nfrom agreeing to consolidate them and taking such steps as are\nnecessary to effect that consolidation.\nNote for section 27C\nThere is no equivalent of this section in the Model Law.\n","sortOrder":53},{"sectionNumber":"27D","sectionType":"section","heading":"Power of arbitrator to act as mediator, conciliator or other","content":"27D Power of arbitrator to act as mediator, conciliator or other\nnon-arbitral intermediary\n(1) An arbitrator may act as a mediator in proceedings relating to a\ndispute between the parties to an arbitration agreement (mediation\nproceedings) if:\n(a) the arbitration agreement provides for the arbitrator to act as\nmediator in mediation proceedings (whether before or after\nproceeding to arbitration, and whether or not continuing with\nthe arbitration); or\n(b) each party has consented in writing to the arbitrator so acting.\n(2) An arbitrator acting as a mediator:\n(a) may communicate with the parties collectively or separately;\nand\n(b) must treat information obtained by the arbitrator from a party\nwith whom he or she communicates separately as\nconfidential, unless that party otherwise agrees or unless the\nprovisions of the arbitration agreement relating to mediation\nproceedings otherwise provide.\n(3) Mediation proceedings in relation to a dispute terminate if:\n(a) the parties to the dispute agree to terminate the proceedings;\nor\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 29\n(b) any party to the dispute withdraws consent to the arbitrator\nacting as mediator in the proceedings; or\n(c) the arbitrator terminates the proceedings.\n(4) An arbitrator who has acted as mediator in mediation proceedings\nthat are terminated may not conduct subsequent arbitration\nproceedings in relation to the dispute without the written consent of\nall the parties to the arbitration given on or after the termination of\nthe mediation proceedings.\n(5) If the parties consent under subsection (4), no objection may be\ntaken to the conduct of subsequent arbitration proceedings by the\narbitrator solely on the ground that he or she has acted previously\nas a mediator in accordance with this section.\n(6) If the parties do not consent under subsection (4), the arbitrator's\nmandate is taken to have been terminated under section 14 and a\nsubstitute arbitrator is to be appointed in accordance with\nsection 15.\n(7) If confidential information is obtained from a party during mediation\nproceedings as referred to in subsection (2)(b) and the mediation\nproceedings terminate, the arbitrator must, before conducting\nsubsequent arbitration proceedings in relation to the dispute,\ndisclose to all other parties to the arbitration proceedings so much\nof the information as the arbitrator considers material to the\narbitration proceedings.\n(8) In this section, a reference to a mediator includes a reference to a\nconciliator or other non-arbitral intermediary between parties.\nNote for section 27D\nThere is no equivalent of this section in the Model Law.\n","sortOrder":54},{"sectionNumber":"27E","sectionType":"section","heading":"Disclosure of confidential information","content":"27E Disclosure of confidential information\n(1) The provisions of this section apply in arbitral proceedings unless\notherwise agreed by the parties.\n(2) The parties must not disclose confidential information in relation to\nthe arbitral proceedings unless:\n(a) the disclosure is allowed under section 27F; or\n(b) the disclosure is allowed under an order made under\nsection 27G and no order is in force under section 27H\nprohibiting that disclosure; or\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 30\n(c) the disclosure is allowed under an order made under\nsection 27I.\n(3) An arbitral tribunal must not disclose confidential information in\nrelation to the arbitral proceedings unless:\n(a) the disclosure is allowed under section 27F; or\n(b) the disclosure is allowed under an order made under\nsection 27G and no order is in force under section 27H\nprohibiting that disclosure; or\n(c) the disclosure is allowed under an order made under\nsection 27I.\nNote for section 27E\nThere is no equivalent of this section in the Model Law.\n","sortOrder":55},{"sectionNumber":"27F","sectionType":"section","heading":"Circumstances in which confidential information may be","content":"27F Circumstances in which confidential information may be\ndisclosed\n(1) This section sets out the circumstances in which confidential\ninformation in relation to arbitral proceedings may be disclosed by:\n(a) a party; or\n(b) an arbitral tribunal.\n(2) The information may be disclosed with the consent of all the parties\nto the arbitral proceedings.\n(3) The information may be disclosed to a professional or other adviser\nof any of the parties.\n(4) The information may be disclosed if it is necessary to ensure that a\nparty has a reasonable opportunity to present the party's case and\nthe disclosure is no more than reasonable for that purpose.\n(5) The information may be disclosed if it is necessary for the\nestablishment or protection of a party's legal rights in relation to a\nthird party and the disclosure is no more than reasonable for that\npurpose.\n(6) The information may be disclosed if it is necessary for the purpose\nof enforcing an arbitral award and the disclosure is no more than\nreasonable for that purpose.\n\nPart 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 31\n(7) The information may be disclosed if it is necessary for the purposes\nof this Act and the disclosure is no more than reasonable for that\npurpose.\n(8) The information may be disclosed if the disclosure is in accordance\nwith an order made or a subpoena issued by a court.\n(9) The information may be disclosed if the disclosure is authorised or\nrequired by a relevant law or required by a competent regulatory\nbody, and the person making the disclosure gives written details of\nthe disclosure (including an explanation of the reasons for the\ndisclosure) to:\n(a) if the person is a party – the other parties and the arbitral\ntribunal; and\n(b) if the arbitral tribunal is making the disclosure – all the parties.\n(10) In this section:\nrelevant law means:\n(a) a law of the Territory (other than this Act); and\n(b) a law of the Commonwealth; and\n(c) a law of a State or another Territory.\nNote for section 27F\nThere is no equivalent of this section in the Model Law.\n","sortOrder":56},{"sectionNumber":"27G","sectionType":"section","heading":"Arbitral tribunal may allow disclosure of confidential","content":"27G Arbitral tribunal may allow disclosure of confidential\ninformation in certain circumstances\n(1) An arbitral tribunal may make an order allowing a party to arbitral\nproceedings to disclose confidential information in relation to the\nproceedings in circumstances other than those mentioned in\nsection 27F.\n(2) An order under subsection (1) may only be made at the request of\none of the parties and after giving each of the parties the\nopportunity to be heard.\nNote for section 27G\nThere is no equivalent of this section in the Model Law.\n\n","sortOrder":57},{"sectionNumber":"Part 5","sectionType":"part","heading":"Conduct of arbitral proceedings","content":"Part 5 Conduct of arbitral proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 32\n","sortOrder":58},{"sectionNumber":"27H","sectionType":"section","heading":"The Court may prohibit disclosure of confidential information","content":"27H The Court may prohibit disclosure of confidential information\nin certain circumstances\n(1) The Court may make an order prohibiting a party from disclosing\nconfidential information in relation to the arbitral proceedings if the\nCourt is satisfied, in the circumstances of the particular case, that:\n(a) the public interest in preserving the confidentiality of arbitral\nproceedings is not outweighed by other considerations that\nrender it desirable in the public interest for the confidential\ninformation to be disclosed; or\n(b) the disclosure is more than is reasonable for that purpose.\n(2) An order under subsection (1) may only be made on the application\nof a party to the arbitral proceedings and after giving each of the\nparties to the arbitral proceedings the opportunity to be heard.\n(3) A party may only apply for an order under subsection (1) if the\narbitral tribunal has made an order under section 27G(1) allowing\ndisclosure of the information.\n(4) The Court may order that the confidential information not be\ndisclosed pending the outcome of the application under\nsubsection (2).\n(5) An order of the Court under this section is final.\n(6) Subsection (5) does not limit judicial review.\nNote for section 27H\nThere is no equivalent of this section in the Model Law.\n","sortOrder":59},{"sectionNumber":"27I","sectionType":"section","heading":"The Court may allow disclosure of confidential information in","content":"27I The Court may allow disclosure of confidential information in\ncertain circumstances\n(1) The Court may make an order allowing a party to disclose\nconfidential information in relation to the arbitral proceedings in\ncircumstances other than those mentioned in section 27F if the\nCourt is satisfied, in the circumstances of the particular case, that:\n(a) the public interest in preserving the confidentiality of arbitral\nproceedings is outweighed by other considerations that render\nit desirable in the public interest for the confidential information\nto be disclosed; and\n(b) the disclosure is no more than is reasonable for that purpose.\n\nPart 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 33\n(2) An order under subsection (1) may only be made on the application\nof a person who is or was a party to the arbitral proceedings and\nafter giving each person who is or was a party to the arbitral\nproceedings the opportunity to be heard.\n(3) A party to arbitral proceedings may only apply for an order under\nsubsection (1) if:\n(a) the mandate of the arbitral tribunal has been terminated under\nsection 32; or\n(b) a request by the party to the arbitral tribunal to make an order\nunder section 27G has been refused.\n(4) An order of the Court under this section is final.\n(5) Subsection (4) does not limit judicial review.\nNote for section 27I\nThere is no equivalent of this section in the Model Law.\n","sortOrder":60},{"sectionNumber":"27J","sectionType":"section","heading":"Determination of preliminary point of law by the Court","content":"27J Determination of preliminary point of law by the Court\n(1) Unless otherwise agreed by the parties, on an application to the\nCourt made by any of the parties to an arbitration agreement the\nCourt has jurisdiction to determine any question of law arising in the\ncourse of the arbitration.\n(2) An application under this section may be made by a party only with\nthe consent of:\n(a) an arbitrator who has entered on the reference; or\n(b) all the other parties;\nand with the leave of the Court.\nNote for section 27J\nThere is no equivalent of this section in the Model Law.\nPart 6 Making of award and termination of\nproceedings\n","sortOrder":61},{"sectionNumber":"28","sectionType":"section","heading":"Rules applicable to substance of dispute (Model Law Art 28)","content":"28 Rules applicable to substance of dispute (Model Law Art 28)\n(1) The arbitral tribunal must decide the dispute in accordance with\nsuch rules of law as are chosen by the parties as applicable to the\nsubstance of the dispute.\n\nPart 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 34\n(2) Any designation of the law or legal system of a given State or\nTerritory must be construed, unless otherwise expressed, as\ndirectly referring to the substantive law of that State or Territory and\nnot to its conflict of laws rules.\n(3) Failing any designation by the parties, the arbitral tribunal must\napply the law determined by the conflict of laws rules which it\nconsiders applicable.\n(4) The arbitral tribunal must decide the dispute, if the parties so agree,\nin accordance with such other considerations as are agreed to by\nthe parties.\n(5) In all cases, the arbitral tribunal must decide in accordance with the\nterms of the contract and must take into account the usages of the\ntrade applicable to the transaction.\nNote for section 28\nThis section (other than subsection (4)) is substantially the same as Art 28 of the\nModel Law.\n","sortOrder":62},{"sectionNumber":"29","sectionType":"section","heading":"Decision-making by panel of arbitrators (Model Law Art 29)","content":"29 Decision-making by panel of arbitrators (Model Law Art 29)\n(1) In arbitral proceedings with more than one arbitrator, any decision\nof the arbitral tribunal must be made, unless otherwise agreed by\nthe parties, by a majority of all its members.\n(2) However, questions of procedure may be decided by a presiding\narbitrator, if so authorised by the parties or all members of the\narbitral tribunal.\n","sortOrder":63},{"sectionNumber":"30","sectionType":"section","heading":"Settlement (Model Law Art 30)","content":"30 Settlement (Model Law Art 30)\n(1) If, during arbitral proceedings, the parties settle the dispute, the\narbitral tribunal must terminate the proceedings and, if requested by\nthe parties and not objected to by the arbitral tribunal, record the\nsettlement in the form of an arbitral award on agreed terms.\n(2) An award on agreed terms is to be made in accordance with\nsection 31 and must state that it is an award.\n(3) Such an award has the same status and effect as any other award\non the merits of the case.\n","sortOrder":64},{"sectionNumber":"31","sectionType":"section","heading":"Form and contents of award (Model Law Art 31)","content":"31 Form and contents of award (Model Law Art 31)\n(1) The award must be made in writing and must be signed by the\narbitrator or arbitrators.\n\nPart 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 35\n(2) In arbitral proceedings with more than one arbitrator, the signatures\nof the majority of all members of the arbitral tribunal suffices,\nprovided that the reason for any omitted signature is stated.\n(3) The award must state the reasons upon which it is based, unless\nthe parties have agreed that no reasons are to be given or the\naward is an award on agreed terms under section 30.\n(4) The award must state its date and the place of arbitration as\ndetermined in accordance with section 20.\n(5) The award is taken to have been made at the place stated in the\naward in accordance with subsection (4).\n(6) After the award is made, a copy signed by the arbitrators in\naccordance with subsection (1) must be delivered to each party.\n","sortOrder":65},{"sectionNumber":"32","sectionType":"section","heading":"Termination of proceedings (Model Law Art 32)","content":"32 Termination of proceedings (Model Law Art 32)\n(1) The arbitral proceedings are terminated by the final award or by an\norder of the arbitral tribunal in accordance with subsection (2).\n(2) The arbitral tribunal is to issue an order for the termination of the\narbitral proceedings when:\n(a) the claimant withdraws his or her claim, unless the respondent\nobjects and the arbitral tribunal recognises a legitimate\ninterest on the respondent's part in obtaining a final settlement\nof the dispute; or\n(b) the parties agree on the termination of the proceedings; or\n(c) the arbitral tribunal finds that the continuation of the\nproceedings has for any other reason become unnecessary or\nimpossible; or\n(d) the arbitral tribunal makes an award under section 25(2)(a)\ndismissing the claim.\n(3) The mandate of the arbitral tribunal terminates with the termination\nof the arbitral proceedings, subject to sections 33 and 34(4).\n\nPart 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 36\n","sortOrder":66},{"sectionNumber":"33","sectionType":"section","heading":"Correction and interpretation of award; additional award (Model","content":"33 Correction and interpretation of award; additional award (Model\nLaw Art 33)\n(1) Within 30 days of receipt of the award, unless another period of\ntime has been agreed on by the parties:\n(a) a party, with notice to the other party, may request the arbitral\ntribunal to correct in the award any errors in computation, any\nclerical or typographical errors or any errors of similar nature;\nand\n(b) if so agreed by the parties, a party, with notice to the other\nparty, may request the arbitral tribunal to give an interpretation\nof a specific point or part of the award.\n(2) If the arbitral tribunal considers a request under subsection (1) to be\njustified, it must make the correction or give the interpretation within\n30 days of receipt of the request.\n(3) The interpretation forms part of the award.\n(4) The arbitral tribunal may correct any error of the type referred to in\nsubsection (1)(a) on its own initiative within 30 days of the date of\nthe award.\n(5) Unless otherwise agreed by the parties, a party, with notice to the\nother party, may request, within 30 days of receipt of the award, the\narbitral tribunal to make an additional award as to claims presented\nin the arbitral proceedings but omitted from the award.\n(6) If the arbitral tribunal considers the request to be justified, it must\nmake the additional award within 60 days.\n(7) The arbitral tribunal may extend, if necessary, the period of time\nwithin which it may make a correction, interpretation or an\nadditional award under subsection (2) or (5).\n(8) Section 31 applies to a correction or interpretation of the award or\nto an additional award.\n","sortOrder":67},{"sectionNumber":"33A","sectionType":"section","heading":"Specific performance","content":"33A Specific performance\nUnless otherwise agreed by the parties, the arbitrator has the\npower to make an award ordering specific performance of any\ncontract if the Court would have power to order specific\nperformance of that contract.\nNote for section 33A\nThere is no equivalent of this section in the Model Law.\n\nPart 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 37\n","sortOrder":68},{"sectionNumber":"33B","sectionType":"section","heading":"Costs","content":"33B Costs\n(1) Unless otherwise agreed by the parties, the costs of an arbitration\n(including the fees and expenses of the arbitrator or arbitrators) are\nto be in the discretion of the arbitral tribunal.\n(2) Unless otherwise agreed by the parties, the arbitral tribunal may\ndirect that the costs of an arbitration, or of any part of the arbitral\nproceedings, are to be limited to a specified amount.\n(3) A direction under subsection (2) may be varied at any stage, but\nthis must be done sufficiently in advance of the incurring of costs to\nwhich it relates, or the taking of any steps in the proceedings which\nmay be affected by it, for the limit to be taken into account.\n(4) The arbitral tribunal may, in making an award:\n(a) direct to whom, by whom, and in what manner, the whole or\nany part of the costs that it awards are to be paid; and\n(b) tax or settle the amount of costs to be paid or any part of\nthose costs; and\n(c) award costs to be taxed or settled as between party and party\nor as between legal practitioner and client.\n(5) Any costs of an arbitration (other than the fees or expenses of an\narbitrator) that are directed to be paid by an award are, to the extent\nthat they have not been taxed or settled by the arbitral tribunal, to\nbe assessed in the Court having jurisdiction under section 34 to\nhear applications setting aside the award.\n(6) If no provision is made by an award with respect to the costs of the\narbitration, a party may, within 14 days after receiving the award,\napply to the arbitral tribunal for directions as to the payment of\nthose costs.\n(7) The arbitral tribunal must, after hearing any party who wishes to be\nheard, amend the award by adding to it such directions as the\narbitral tribunal thinks proper with respect to the payment of the\ncosts of the arbitration.\nNote for section 33B\nThere is no equivalent of this section in the Model Law.\n\n","sortOrder":69},{"sectionNumber":"Part 6","sectionType":"part","heading":"Making of award and termination of proceedings","content":"Part 6 Making of award and termination of proceedings\nCommercial Arbitration (National Uniform Legislation) Act 2011 38\n33C Application of Legal Profession Act 2006\nFor the purposes of section 33B(5), Part 3.3, Division 8 of the Legal\nProfession Act 2006 applies with any necessary modifications.\nNote for section 33C\nThere is no equivalent of this section in the Model Law.\n","sortOrder":70},{"sectionNumber":"33D","sectionType":"section","heading":"Costs of abortive arbitration","content":"33D Costs of abortive arbitration\n(1) Unless otherwise agreed in writing by the parties, if an arbitration is\ncommenced but for any reason fails, the Court may, on the\napplication of a party or the arbitral tribunal made within 6 months\nafter the failure of the arbitration, make such orders in relation to\nthe costs of the arbitration as it thinks just.\n(2) For the purposes of this section, an arbitration is taken to have\nfailed if:\n(a) a final award is not made by the arbitral tribunal before the\narbitration terminates; or\n(b) an award made is wholly set aside by the Court.\n(3) If the failed arbitration is a related proceedings (within the meaning\nof section 27C), the Court may stay proceedings on the application\nunder subsection (1) pending the determination of the other\narbitration proceedings to which the failed arbitration is related.\nNote for section 33D\nThere is no equivalent of this section in the Model Law.\n","sortOrder":71},{"sectionNumber":"33E","sectionType":"section","heading":"Interest up to making of award","content":"33E Interest up to making of award\n(1) Unless otherwise agreed by the parties, where an arbitral tribunal\nmakes an award for the payment of money (whether on a claim for\na liquidated or an unliquidated amount), the arbitral tribunal may\ninclude in the sum for which the award is made interest, at such\nreasonable rate as the arbitral tribunal determines:\n(a) on the whole or any part of the money; and\n(b) for the whole or any part of the period between the date on\nwhich the cause of action arose and the date on which the\naward is made.\n(2) Subsection (1) does not:\n(a) authorise the awarding of interest on interest awarded under\nthis section; or\n\nPart 7 Recourse against award\nCommercial Arbitration (National Uniform Legislation) Act 2011 39\n(b) apply in relation to any amount on which interest is payable as\nof right whether because of an agreement or otherwise; or\n(c) affect the damages recoverable for the dishonour of a bill of\nexchange.\nNote for section 33E\nThere is no equivalent of this section in the Model Law.\n","sortOrder":72},{"sectionNumber":"33F","sectionType":"section","heading":"Interest on debt under award","content":"33F Interest on debt under award\n(1) This section applies if:\n(a) an arbitral tribunal makes an award for the payment of an\namount of money; and\n(b) under the award, the amount is to be paid by a particular day\n(the due date);\nunless otherwise agreed by the parties.\n(2) The arbitral tribunal may direct that interest, including compound\ninterest, is payable if the amount is not paid on or before the due\ndate.\n(3) The arbitral tribunal may set a reasonable rate of interest.\n(4) The interest is payable:\n(a) from the day immediately following the due date; and\n(b) on so much of the money as remains unpaid.\n(5) The direction is taken to form part of the award.\nNote for section 33F\nThere is no equivalent of this section in the Model Law.\nPart 7 Recourse against award\n","sortOrder":73},{"sectionNumber":"34","sectionType":"section","heading":"Application for setting aside as exclusive recourse against","content":"34 Application for setting aside as exclusive recourse against\narbitral award (Model Law Art 34)\n(1) Recourse to the Court against an arbitral award may be made only\nby an application for setting aside in accordance with\nsubsections (2) and (3) or by an appeal under section 34A.\nNote for subsection (1)\nThe Model Law does not provide for appeals as under section 34A.\n\nPart 7 Recourse against award\nCommercial Arbitration (National Uniform Legislation) Act 2011 40\n(2) An arbitral award may be set aside by the Court only if:\n(a) the party making the application furnishes proof that:\n(i) a party to the arbitration agreement referred to in\nsection 7 was under some incapacity, or the arbitration\nagreement is not valid under the law to which the parties\nhave subjected it or, failing any indication in it, under the\nlaw of the Territory; or\n(ii) the party making the application was not given proper\nnotice of the appointment of an arbitral tribunal or of the\narbitral proceedings or was otherwise unable to present\nthe party's case; or\n(iii) the award deals with a dispute not contemplated by or\nnot falling within the terms of the submission to\narbitration, or contains decisions on matters beyond the\nscope of the submission to arbitration, provided that, if\nthe decisions on matters submitted to arbitration can be\nseparated from those not so submitted, only that part of\nthe award which contains decisions on matters not\nsubmitted to arbitration may be set aside; or\n(iv) the composition of the arbitral tribunal or the arbitral\nprocedure was not in accordance with the agreement of\nthe parties, unless such agreement was in conflict with a\nprovision of this Act from which the parties cannot\nderogate, or, failing such agreement, was not in\naccordance with this Act; or\n(b) the Court finds that:\n(i) the subject matter of the dispute is not capable of\nsettlement by arbitration under the law of the Territory; or\n(ii) the award is in conflict with the public policy of the\nTerritory.\n(3) An application for setting aside may not be made after 3 months\nhave elapsed from the date on which the party making that\napplication had received the award or, if a request had been made\nunder section 33, from the date on which that request had been\ndisposed of by the arbitral tribunal.\n(4) The Court, when asked to set aside an award, may, where\nappropriate and so requested by a party, suspend the setting aside\nof proceedings for a period of time determined by it in order to give\nthe arbitral tribunal an opportunity to resume the arbitral\nproceedings or to take such other action as in the arbitral tribunal's\n\n","sortOrder":74},{"sectionNumber":"Part 7","sectionType":"part","heading":"Recourse against award","content":"Part 7 Recourse against award\nCommercial Arbitration (National Uniform Legislation) Act 2011 41\nopinion will eliminate the grounds for setting aside.\n","sortOrder":75},{"sectionNumber":"34A","sectionType":"section","heading":"Appeals against awards","content":"34A Appeals against awards\n(1) An appeal lies to the Court on a question of law arising out of an\naward if:\n(a) the parties agree, before the end of the appeal period referred\nto in subsection (6), that an appeal may be made under this\nsection; and\n(b) the Court grants leave.\n(2) An appeal under this section may be brought by any of the parties\nto an arbitration agreement.\n(3) The Court must not grant leave unless it is satisfied:\n(a) that the determination of the question will substantially affect\nthe rights of one or more of the parties; and\n(b) that the question is one which the arbitral tribunal was asked\nto determine; and\n(c) that, on the basis of the findings of fact in the award:\n(i) the decision of the tribunal on the question is obviously\nwrong; or\n(ii) the question is one of general public importance and the\ndecision of the tribunal is at least open to serious doubt;\nand\n(d) that, despite the agreement of the parties to resolve the matter\nby arbitration, it is just and proper in all the circumstances for\nthe Court to determine the question.\n(4) An application for leave to appeal must identify the question of law\nto be determined and state the grounds on which it is alleged that\nleave to appeal should be granted.\n(5) The Court is to determine an application for leave to appeal without\na hearing unless it appears to the Court that a hearing is required.\n(6) An appeal may not be made under this section after 3 months have\nelapsed from the date on which the party making the appeal\nreceived the award or, if a request had been made under\nsection 33, from the date on which that request had been disposed\nof by the arbitral tribunal (in this section referred to as the appeal\nperiod).\n\nPart 8 Recognition and enforcement of awards\nCommercial Arbitration (National Uniform Legislation) Act 2011 42\n(7) On the determination of an appeal under this section the Court may\nby order:\n(a) confirm the award; or\n(b) vary the award; or\n(c) remit the award, together with the Court's opinion on the\nquestion of law which was the subject of the appeal, to the\narbitrator for reconsideration or, where a new arbitrator has\nbeen appointed, to that arbitrator for consideration; or\n(d) set aside the award in whole or in part.\n(8) The Court must not exercise its power to set aside an award, in\nwhole or in part, unless it is satisfied that it would be inappropriate\nto remit the matters in question to the arbitral tribunal for\nreconsideration.\n(9) Where the award is remitted under subsection (7)(c) the arbitrator\nmust, unless the order otherwise directs, make the award within\n3 months after the date of the order.\n(10) The Court may make any leave which it grants under\nsubsection (3)(c) subject to the applicant complying with any\nconditions it considers appropriate.\n(11) Where the award of an arbitrator is varied on an appeal under this\nsection, the award as varied has effect (except for the purposes of\nthis section) as if it were the award of the arbitrator.\nNote for section 34A\nThere is no equivalent of this section in the Model Law.\nPart 8 Recognition and enforcement of awards\n","sortOrder":76},{"sectionNumber":"35","sectionType":"section","heading":"Recognition and enforcement (Model Law Art 35)","content":"35 Recognition and enforcement (Model Law Art 35)\n(1) An arbitral award, irrespective of the State or Territory in which it\nwas made, is to be recognised in the Territory as binding and, on\napplication in writing to the Court, is to be enforced subject to the\nprovisions of this section and section 36.\n(2) The party relying on an award or applying for its enforcement must\nsupply the original award or a copy of the original award.\n\n","sortOrder":77},{"sectionNumber":"Part 8","sectionType":"part","heading":"Recognition and enforcement of awards","content":"Part 8 Recognition and enforcement of awards\nCommercial Arbitration (National Uniform Legislation) Act 2011 43\n(3) If the award is not made in English, the Court may request the party\nto supply a translation of it into English.\nNote for section 35\nSo much of Art 35(2) of the Model Law as provides for the translation of an award\nthat is not in the official language of the enforcing jurisdiction has been modified.\n","sortOrder":78},{"sectionNumber":"36","sectionType":"section","heading":"Grounds for refusing recognition or enforcement (Model Law","content":"36 Grounds for refusing recognition or enforcement (Model Law\nArt 36)\n(1) Recognition or enforcement of an arbitral award, irrespective of the\nState or Territory in which it was made, may be refused only:\n(a) at the request of the party against whom it is invoked, if that\nparty furnishes to the Court proof that:\n(i) a party to the arbitration agreement was under some\nincapacity, or the arbitration agreement is not valid under\nthe law to which the parties have subjected it or, failing\nany indication in it, under the law of the State or Territory\nwhere the award was made; or\n(ii) the party against whom the award is invoked was not\ngiven proper notice of the appointment of an arbitrator or\nof the arbitral proceedings or was otherwise unable to\npresent the party's case; or\n(iii) the award deals with a dispute not contemplated by or\nnot falling within the terms of the submission to\narbitration, or it contains decisions on matters beyond\nthe scope of the submission to arbitration, provided that,\nif the decisions on matters submitted to arbitration can\nbe separated from those not so submitted, that part of\nthe award which contains decisions on matters\nsubmitted to arbitration may be recognised and\nenforced; or\n(iv) the composition of the arbitral tribunal or the arbitral\nprocedure was not in accordance with the agreement of\nthe parties or, failing such agreement, was not in\naccordance with the law of the State or Territory where\nthe arbitration took place; or\n(v) the award has not yet become binding on the parties or\nhas been set aside or suspended by a court of the State\nor Territory in which, or under the law of which, that\naward was made; or\n\nPart 9 Miscellaneous\nCommercial Arbitration (National Uniform Legislation) Act 2011 44\n(b) if the Court finds that:\n(i) the subject matter of the dispute is not capable of\nsettlement by arbitration under the law of the Territory; or\n(ii) the recognition or enforcement of the award would be\ncontrary to the public policy of the Territory.\n(2) If an application for setting aside or suspension of an award has\nbeen made to a court referred to in subsection (1)(a)(v), the Court\nmay, if it considers it proper, adjourn its decision and may also, on\nthe application of the party claiming recognition or enforcement of\nthe award, order the party to provide appropriate security.\nPart 9 Miscellaneous\n","sortOrder":79},{"sectionNumber":"37","sectionType":"section","heading":"Death of party","content":"37 Death of party\n(1) Unless otherwise agreed by the parties, if a party to an arbitration\nagreement dies the agreement is not discharged (either as respects\nthe deceased or any other party) and the authority of an arbitral\ntribunal is not revoked by the death but that agreement is\nenforceable by or against the personal representative of the\ndeceased.\n(2) Nothing in subsection (1) affects the operation of any enactment or\nrule of law by virtue of which a right of action is extinguished by the\ndeath of a person.\nNote for section 37\nThere is no equivalent of this section in the Model Law.\n","sortOrder":80},{"sectionNumber":"38","sectionType":"section","heading":"Interpleader","content":"38 Interpleader\nWhere relief by way of interpleader is granted in any court and it\nappears to that court that the claims in question are matters to\nwhich an arbitration agreement (to which the claimants are parties)\napplies, the court must, unless it is satisfied that there is sufficient\nreason why the matters should not be referred to arbitration in\naccordance with the agreement, make an order directing the issue\nbetween the claimants to be determined in accordance with the\nagreement.\nNote for section 38\nThere is no equivalent of this section in the Model Law.\n\n","sortOrder":81},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9 Miscellaneous\nCommercial Arbitration (National Uniform Legislation) Act 2011 45\n","sortOrder":82},{"sectionNumber":"39","sectionType":"section","heading":"Immunity","content":"39 Immunity\n(1) An arbitrator is not liable for anything done or omitted to be done in\ngood faith in his or her capacity as arbitrator.\n(2) An entity that appoints, or fails to appoint, a person as arbitrator is\nnot liable in relation to the appointment, failure or refusal if done in\ngood faith.\n(3) In this section, a reference to an arbitrator includes an arbitrator\nacting as a mediator, conciliator or other non-arbitral intermediary\nunder section 27D.\nNote for section 39\nThere is no equivalent of this section in the Model Law.\n","sortOrder":83},{"sectionNumber":"40","sectionType":"section","heading":"Court rules","content":"40 Court rules\n(1) Rules of court may be made for carrying the purposes of this Act\ninto effect and, in particular, for or with respect to the following:\n(a) applications to a court under this Act and the costs of such\napplications;\n(b) the payment or bringing of money into and out of a court in\nsatisfaction of claims to which arbitration agreements apply\nand the investment of that money;\n(c) the examination of witnesses before a court or before any\nother person and the issue of commissions or requests for the\nexamination of witnesses outside the Territory, for the\npurposes of an arbitration;\n(d) offers of compromise in relation to claims to which arbitration\nagreements apply;\n(e) any other matter or thing for or with respect to which rules are\nby this Act authorised or required to be made by a court.\n(2) Subsection (1) does not limit the rule-making powers conferred on a\ncourt by any other Act.\nNote for section 40\nThere is no equivalent of this section in the Model Law.\n\nPart 10 Transitional matters for Commercial Arbitration (National Uniform Legislation)\nAct 2011\nCommercial Arbitration (National Uniform Legislation) Act 2011 46\n","sortOrder":84},{"sectionNumber":"41","sectionType":"section","heading":"Regulations","content":"41 Regulations\nThe Administrator may make regulations under this Act.\nNote for section 41\nThere is no equivalent of this section in the Model Law.\n","sortOrder":85},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Commercial Arbitration","content":"Part 10 Transitional matters for Commercial Arbitration\n(National Uniform Legislation) Act 2011\n","sortOrder":86},{"sectionNumber":"42","sectionType":"section","heading":"Definitions","content":"42 Definitions\nIn this Part:\ncommencement day means the day on which this Act\ncommences.\nrepealed Act means the Commercial Arbitration Act repealed by\nsection 45(a).\nNote for section 42\nThere is no equivalent of this section in the Model Law.\n","sortOrder":87},{"sectionNumber":"43","sectionType":"section","heading":"Savings and transitional provisions","content":"43 Savings and transitional provisions\n(1) Subject to subsection (2):\n(a) this Act applies to an arbitration agreement (whether made\nbefore or after the commencement day) and to an arbitration\nunder such an agreement; and\n(b) a reference in an arbitration agreement to the repealed Act, or\na provision of that Act, is to be construed as a reference to this\nAct or to the corresponding provision (if any) of this Act.\n(2) If an arbitration was commenced before the commencement day,\nthe law governing the arbitration and the arbitration agreement is to\nbe that which would have been applicable if this Act had not been\nenacted.\n(3) For the purposes of this section, an arbitration is taken to have\nbeen commenced if:\n(a) a dispute to which the relevant arbitration agreement applies\nhas arisen; and\n\nPart 11 Repeal and consequential amendments\nCommercial Arbitration (National Uniform Legislation) Act 2011 47\n(b) the arbitral tribunal has been properly constituted.\nNote for section 43\nThere is no equivalent of this section in the Model Law.\n","sortOrder":88},{"sectionNumber":"Part 11","sectionType":"part","heading":"Repeal and consequential amendments","content":"Part 11 Repeal and consequential amendments\n","sortOrder":89},{"sectionNumber":"45","sectionType":"section","heading":"Acts repealed","content":"45 Acts repealed\nThe following Acts are repealed:\n(a) Commercial Arbitration Act 1985 (Act No. 50, 1985);\n(b) Commercial Arbitration Amendment Act 1991 (Act\nNo. 4, 1991).\nNote for section 45\nThere is no equivalent of this section in the Model Law.\n","sortOrder":90},{"sectionNumber":"46","sectionType":"section","heading":"Other laws amended","content":"46 Other laws amended\nThe Schedule amends the laws mentioned in it.\nNote for section 46\nThere is no equivalent of this section in the Model Law.\n\nSchedule Other laws amended\nCommercial Arbitration (National Uniform Legislation) Act 2011 48\nSchedule Other laws amended\nsection 46\nProvision Amendment\nomit insert\nAustralAsia Railway Corporation Act 1996\nsection 33(2) Commercial\nArbitration Act\nCommercial Arbitration\n(National Uniform\nLegislation) Act\nElectricity Networks (Third Party Access) Act 2000\nsection 17, heading Commercial\nArbitration Act\ncommercial\narbitration legislation\nsection 17 The Commercial\nArbitration Act does not\napply\nNeither the Commercial\nArbitration Act nor the\nCommercial Arbitration\n(National Uniform\nLegislation) Act applies\nUnit Titles Regulations 2002\nregulation 21(1) and (2) Commercial\nArbitration Act\nCommercial Arbitration\n(National Uniform\nLegislation) Act\n\nENDNOTES\nCommercial Arbitration (National Uniform Legislation) Act 2011 49\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":91},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nCommercial Arbitration (National Uniform Legislation) Act 2011 (Act No. 23, 2011)\nAssent date 31 August 2011\nCommenced 1 August 2012 (Gaz G26, 27 June 2012, p 4)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\n","sortOrder":92},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1A, 1C, 2A, 24A and 33C\nand sch.\n","sortOrder":93},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\ns 27H amd No. 10, 2018, s 6\ns 44 exp No. 23, 2011, s 44(5)","sortOrder":94}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":574},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of governing domestic commercial arbitration in the Northern Territory. While it incorporates the UNCITRAL Model Law and adds substantial domestic provisions (confidentiality, costs, appeals, consolidation), these additions support rather than expand the core arbitration framework. The 2018 amendments were minor technical updates."},"complexity_factors":["47 defined terms in the interpretation section (section 2)","Extensive cross-referencing to the UNCITRAL Model Law with notes explaining deviations","Nested conditional logic throughout — most provisions are 'unless otherwise agreed by the parties'","Multiple overlapping confidentiality regimes in sections 27E-27I with exceptions to exceptions","Dual court jurisdiction system (Supreme Court vs Local Court) with conditional triggers","Transitional provisions creating parallel applicability regimes for pre- and post-commencement arbitrations","Detailed procedural rules for arbitrator challenges, appointments, and replacements with strict time limits","Consolidation provisions (section 27C) requiring joint deliberation between multiple tribunals"],"plain_english_summary":"This is the Northern Territory's law governing **domestic commercial arbitration** — a private way to resolve business disputes without going to court.\n\n**What it does:**\n- **Sets up the framework for arbitration**: Businesses can agree to have their disputes decided by one or more private decision-makers (arbitrators) instead of judges.\n- **Covers the whole process**: From creating an arbitration agreement, appointing arbitrators, running the hearing, making interim orders (like freezing assets), through to final awards and enforcement.\n- **Keeps courts at arm's length**: Courts only get involved where the Act specifically allows — mainly for appointing arbitrators when parties can't agree, enforcing orders, and limited appeals.\n\n**Key features:**\n- **Party autonomy**: Parties can largely set their own rules for how the arbitration runs.\n- **Confidentiality**: Detailed rules protect information shared during arbitration, with limited exceptions.\n- **Interim measures**: Arbitrators can order temporary protections (like preserving assets or evidence) before the final decision.\n- **Limited appeals**: Parties can only appeal questions of law if they agree beforehand and get court leave.\n- **Enforcement**: Awards are binding and enforceable through the courts.\n\n**Who it affects:**\nBusinesses with disputes in the Northern Territory who have agreed to arbitration — including construction, finance, insurance, trade, and other commercial relationships. It does **not** cover international arbitrations (those are under Commonwealth law).\n\n**Why it matters:**\nIt provides a faster, more flexible, and confidential alternative to court litigation for commercial disputes, while ensuring fairness and finality."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act modifies the UNCITRAL Model Law for application to domestic commercial arbitrations and adds several provisions not present in the Model Law. It narrows the Model Law's international focus to \"domestic commercial arbitrations\" (s1(1)–(3), s2A note) and preserves uniformity where possible (s1E). It introduces extra courts' assistance and supervisory powers (s6), statutory confidentiality and disclosure rules (ss27E–27I), subpoena and evidence mechanisms for parties (ss27A–27B), consolidation of proceedings (s27C), tribunal powers on costs and abortive arbitration (ss33B,33D), express power to order specific performance (s33A) and an opt‑in appeal on questions of law (s34A). These changes alter the original Model Law mechanics by expanding court roles, creating domestic procedural tools, and providing additional remedies and disclosure controls."},"complexity_factors":["Wide party autonomy combined with numerous mandatory or default statutory rules creates many interaction points between contract terms and legislation (ss7,10,11,19,28).","Extensive court‑tribunal interface: Court powers to appoint arbitrators, enforce subpoenas, order evidence, decide jurisdictional questions, recognise/interfere with interim measures and hear setting‑aside or appeals (s6; ss11,13,14,16,17H–17J,27A–27B,27H–27J,34,34A).","Interim measures regime with substantive thresholds, security and cross‑jurisdiction enforcement adds procedural complexity (ss17,17A,17E,17G,17H,17I).","Confidentiality framework with default prohibitions, enumerated exceptions, tribunal orders and competing court powers to prohibit or allow disclosure (ss2 (definition), 27E–27I).","Added domestic provisions not in the Model Law (subpoenas s27A, consolidation s27C, costs and abortive arbitration ss33B,33D, specific performance s33A, appeals s34A) increase statutory material to apply.","Time limits and finality rules for setting aside or appealing awards generate procedural traps for parties (s33; s34(3); s34A(6)).","Multiple cross‑references and notes explaining deviations from the Model Law (s1E and numerous note-for sections) complicate interpretation and comparative reference to the Model Law."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act establishes a statutory framework for resolving commercial disputes by arbitration within the Northern Territory. Mechanically, it imports and adapts the UNCITRAL Model Law to govern \"domestic commercial arbitrations\" (defined in section 1) and sets out the powers, duties and procedures of parties, arbitral tribunals and the courts in relation to those arbitrations.\n\n- Scope and application: The Act applies to domestic commercial arbitrations where the place of arbitration is in the Territory (s1(1)–(2), s1(3)). A narrower set of provisions (for example about recognition and enforcement) operate even if the place of arbitration is outside the Territory (s1(2)). The Act explicitly implements a uniform Model Law structure while making modifications for domestic use (s1E, s2A note).\n\n- Party autonomy and what parties decide: Parties are given wide freedom to decide how disputes are resolved: they choose whether to arbitrate, the number of arbitrators (s10), appointment procedure (s11), procedural rules (s19), language (s22) and the law to govern the substance of the dispute (s28). Where parties agree, third parties or institutions may be authorised to make procedural determinations (s2(2)). These provisions place decision-making power primarily with the contracting parties and the arbitral tribunal, subject to certain mandatory rules in the Act.\n\n- Tribunal powers and duties: The arbitral tribunal has authority to determine its own jurisdiction (s16), conduct the proceedings (s19), order interim measures (s17) and to order disclosure, experts and examination of witnesses (s17(3), s26, s24). Tribunals may correct or supplement awards (s33) and decide costs of the arbitration (s33B). The Act requires tribunals to treat parties equally and to give a reasonable opportunity to present their case (s18).\n\n- Court supervision and assistance: The Supreme Court (or Local Court by agreement) performs the supervisory and assistance functions listed in the Act (s6). That includes appointing arbitrators where parties cannot agree (s11(3)), ruling on challenges or termination of an arbitrator's mandate (ss13,14), enforcing subpoenas and compelling evidence (ss27A–27B), recognising and enforcing interim measures and awards (ss17H–17I, 35–36), and deciding questions of law or setting aside awards in limited circumstances (ss27J, 34, 34A). The Court may also order security in enforcement or interim-measure contexts (s17H(4)).\n\n- Interim measures and enforcement: The arbitral tribunal may grant interim measures to preserve the status quo, prevent harm to the arbitration process, preserve assets or evidence (s17(2)). The Act sets threshold conditions for those measures (s17A). Interim measures made under the law of the Territory or another State/Territory can be recognised and enforced by the Court on application (s17H), subject to limited statutory grounds for refusal (s17I).\n\n- Confidentiality and disclosure: The Act defines \"confidential information\" broadly (s2) and by default prohibits disclosure, subject to enumerated exceptions (ss27E–27F). A tribunal may permit disclosure in other circumstances (s27G) but the Court can prohibit or allow disclosure in particular cases (ss27H–27I). These provisions create legally enforceable confidentiality limits that affect when parties and tribunals may publish or share arbitration materials.\n\n- Costs, interest and remedies: Parties generally bear arbitration costs as directed by the tribunal (s33B). The tribunal may limit costs (s33B(2)) and may award interest and specific performance where a court could do so (ss33E, 33F, 33A). If a requesting party's interim measure is later found to have been wrongly granted, that party may be liable for costs and damages (s17G).\n\n- Court review and finality: The Act restricts court intervention to the functions it specifies (s5). An award can only be set aside on narrow statutory grounds and within set time limits (s34). There is an option for an appeal on a question of law only if the parties have agreed to that route and the Court grants leave under conditions designed to limit appeals (s34A). Where the tribunal rules on its jurisdiction as a preliminary point, a party may seek the Court's ruling within 30 days (s16(9)–(10)).\n\n- Practical incentives, costs and compliance burdens (source-grounded):\n  - Who pays: Parties typically pay arbitration fees and costs (s33B). A party who seeks an interim measure may be ordered to provide security and may be liable for costs or damages if the measure should not have been granted (ss17E, 17G, 17H(4)). A Court may order security when recognising or enforcing interim measures (s17H(4)). The Court can make orders about costs where an arbitration fails (s33D).\n  - Who decides: Parties, the arbitral tribunal and the Court share decision-making. Parties control many procedural choices (ss7,10,11,19,22) and the tribunal controls evidence and procedure (ss19,24,26). The Court steps in for appointments, subpoenas, enforcement, confidentiality orders and limited review (s6 and listed sections).\n  - Behaviour changes: The statutory structure encourages parties to specify agreement terms (number of arbitrators, rules, place) to retain control; it also provides accessible court tools (subpoenas, enforcement, confidentiality orders) which may reduce perceived enforcement risk. Because parties can agree to an appeal on a question of law (s34A), some may choose to preserve limited court review at the contracting stage.\n  - Compliance burden: Parties must put arbitration agreements in writing to meet the Act's formal requirement (s7). Arbitrators and prospective arbitrators must disclose circumstances raising justifiable doubts about impartiality (s12). Parties must comply with tribunal orders and procedural directions and may be subject to peremptory orders and adverse inferences for non‑compliance (s24B, s25).\n  - Discretion and implementation risk: The Act gives substantial discretion to tribunals (ss17,19,24) and to courts in supervisory roles (s6, ss17H–17J, 27A–27B, 27H–27I). That discretion reduces rigid procedural cost but increases variability in outcomes depending on tribunal or judicial practice. Cross‑jurisdiction enforcement rests on statutory recognition and limited refusal grounds (ss17H–17I, 35–36), so enforcement risk depends on compliance with those grounds and the Court's exercise of discretion.\n\n- Differences from the international Model Law and effect on scope: The Act adapts the Model Law to domestic arbitrations and inserts additional provisions not present in the Model Law (for example, provisions on subpoenas and court-ordered disclosure, consolidation of proceedings, confidentiality regimes and appeal rights) (see s1E, s27A–27C, ss27E–27I, s34A). These additions change the mechanics compared with the Model Law and shift how courts and tribunals interact (s2A note). See \"scope assessment\" below for a short summary.\n\nIn short: the Act creates a party‑centric arbitration regime for commercial disputes in the Territory with broad party autonomy, clear tribunal powers to run proceedings and a defined but limited role for courts in appointments, evidence, interim relief, confidentiality and enforcement. The statutory design allocates costs and risks to parties, preserves tribunal flexibility, and provides specific, enumerated routes for court intervention and review (see particularly ss1, 6, 11, 16, 17, 27, 33, 34, 35)."}},"importantCases":[],"_links":{"self":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011","history":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011/history","analysis":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011/analysis","conflicts":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011/conflicts","importantCases":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011/important-cases","documents":"/api/acts/commercial-arbitration-national-uniform-legislation-act-2011/documents"}}