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Commercial Arbitration Act 2017
41Regulation-making power
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41 Regulation-making power
The Executive may make regulations for this Act.
Note 1 A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Note 2 There is no equivalent to this section in the Model Law.
Dictionary
page 62 Commercial Arbitration Act 2017
Effective: 02/07/19
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02/07/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Dictionary
(see s 1E)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• exercise
• function
• oath
• person
• Supreme Court
• the Territory.
Note 3 The Model Law does not include definitions of the following terms:
• arbitration agreement
• confidential information
• disclose
• domestic commercial arbitration
• exercise
• function
• interim measure
• Model Law
• party
• the court.
arbitral tribunal means a sole arbitrator or a panel of arbitrators.
arbitration means any domestic commercial arbitration whether or
not administered by a permanent arbitral institution.
arbitration agreement—see section 7 (1).
Dictionary
R3
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Commercial Arbitration Act 2017
Effective: 02/07/19
page 63
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
confidential information, in relation to arbitral proceedings, means
information that relates to the arbitral proceedings or to an award
made in those proceedings and includes the following:
(a) the statement of claim, statement of defence and all other
pleadings, submissions, statements or other information
supplied to the arbitral tribunal by a party;
(b) any information supplied by a party to another party in
compliance with a direction of the arbitral tribunal;
(c) any evidence (whether documentary or otherwise) supplied to
the arbitral tribunal;
(d) any notes made by the arbitral tribunal of oral evidence or
submissions given before the arbitral tribunal;
(e) any transcript of oral evidence or submissions given before the
arbitral tribunal;
(f) any rulings of the arbitral tribunal;
(g) any award of the arbitral tribunal.
disclose, in relation to confidential information, includes publishing
or communicating or otherwise supplying the confidential
information.
domestic, in relation to an arbitration—see section 1 (3).
interim measure—see section 17.
Model Law means the UNCITRAL Model Law on International
Commercial Arbitration (as adopted by the United Nations
Commission on International Trade Law on 21 June 1985, and as
amended by the United Nations Commission on International Trade
Law on 7 July 2006).
Dictionary
page 64 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
party means a party to an arbitration agreement and includes—
(a) any person claiming through or under a party to the arbitration
agreement; and
(b) in any case where an arbitration does not involve all of the
parties to the arbitration agreement, those parties to the
arbitration agreement who are parties to the arbitration.
the court means, subject to section 6 (2), the Supreme Court.
Endnotes
About the endnotes 1
R3
02/07/19
Commercial Arbitration Act 2017
Effective: 02/07/19
page 65
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.