ACTIn ForceAct
Commercial Arbitration Act 2017
27JDetermination of preliminary point of law by court
Start here
Get a plain-English read of 27J
Turn the raw legal text into a practical explanation grounded in Commercial Arbitration Act 2017.
27J Determination of preliminary point of law by court
(1) Unless otherwise agreed by the parties, on an application to the court
made by any of the parties to an arbitration agreement the court has
jurisdiction to determine any question of law arising in the course of
the arbitration.
(2) An application under this section may be made by a party only with
the consent of—
(a) an arbitrator who has entered on the reference; or
(b) all the other parties;
and with the leave of the court.
Note There is no equivalent to this section in the Model Law.
Making of award and termination of proceedings Part 6
Section 28
R3
02/07/19
Commercial Arbitration Act 2017
Effective: 02/07/19
page 45
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 6 Making of award and termination
of proceedings