2AInternational origin and general principles

2A International origin and general principles (Model Law art 2A) (1) Subject to section 1C, in the interpretation of this Act, regard is to be had to the need to promote, so far as practicable, uniformity between the application of this Act to domestic commercial arbitrations and the application of the provisions of the Model Law (as given effect by the International Arbitration Act 1974 (Cwlth)) to international commercial arbitrations and the observance of good faith. Note This section differs from the Model Law. Art 2A (1) has been changed as a consequence of the application of the Act to domestic (instead of international) commercial arbitrations. Art 2A (2) is omitted because it is covered by the provision referred to in section 1C (4). Subsections (3) and (4) reflect the International Arbitration Act 1974 (Cwlth), s 17. (2) [omitted] (3) Without limiting subsection (1), in interpreting this Act, reference may be made to documents of— (a) the United Nations Commission on International Trade Law that relate to the Model Law; and (b) the Commission’s working groups for the preparation of the Model Law. Part 1 General Provisions Section 3 page 8 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 (4) Subsection (3) does not affect the application of the Legislation Act, section 141 (Non-legislative context generally) or section 142 (Non-legislative context—material that may be considered) for the purposes of interpreting this Act. 3 Receipt of written communications (Model Law art 3) (1) Unless otherwise agreed by the parties— (a) any written communication is taken to be received if— (i) it is delivered to the addressee personally; or (ii) it is delivered to the addressee’s place of business, habitual residence or mailing address; or (iii) if none of these can be found after making a reasonable inquiry—it is delivered to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; and (b) the communication is taken to have been received on the day it is delivered. (2) The provisions of this section do not apply to communications in court proceedings. 4 Waiver of right to object (Model Law art 4) A party who knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating the party’s objection to such non-compliance without undue delay or, if a time-limit is provided for stating the party’s objection, within such period of time, is taken to have waived the party’s right to object. General Provisions Part 1 Section 5 R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Extent of court intervention (Model Law art 5) In matters governed by this Act, no court must intervene except where so provided by this Act. 6 Court for certain functions of arbitration assistance and supervision (Model Law art 6) (1) Subject to subsection (2), the functions referred to in the following sections must be performed by the Supreme Court: (a) section 11 (3) and (4); (b) section 13 (4); (c) section 14 (2); (d) section 16 (9); (e) section 17H, section 17I and section 17J; (f) section 19 (6); (g) section 27, section 27A, section 27B, section 27H, section 27I and section 27J; (h) section 33D, section 34 and section 34A. (2) If— (a) an arbitration agreement provides that the Magistrates Court is to have jurisdiction under this Act; or