ACTIn ForceAct
Commercial Arbitration Act 2017
24Hearings and written proceedings
Start here
Get a plain-English read of 24
Turn the raw legal text into a practical explanation grounded in Commercial Arbitration Act 2017.
24 Hearings and written proceedings
(Model Law art 24)
(1) Subject to any contrary agreement by the parties, the arbitral tribunal
is to decide whether to hold oral hearings for the presentation of
evidence or for oral argument, or whether the proceedings are to be
conducted on the basis of documents and other materials.
(2) However, unless the parties have agreed that no hearings are to be
held, the arbitral tribunal must hold such hearings at an appropriate
stage of the proceedings, if so requested by a party.
Part 5 Conduct of arbitral proceedings
Section 24A
page 30 Commercial Arbitration Act 2017
Effective: 02/07/19
R3
02/07/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) The parties must be given sufficient advance notice of any hearing
and of any meeting of the arbitral tribunal for the purposes of
inspection of goods, other property or documents.
(4) All statements, documents or other information supplied to the
arbitral tribunal by 1 party must be communicated to the other party.
(5) Also, any expert report or evidentiary document on which the arbitral
tribunal may rely in making its decision must be communicated to the
parties.