Part 7Recourse against award

Part 7 Recourse against award Section 34A page 56 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 (6) An appeal may not be made under this section after 3 months have elapsed from the date on which the party making the appeal received the award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal (in this section referred to as the appeal period). (7) On the determination of an appeal under this section the court may by order— (a) confirm the award; or (b) vary the award; or (c) remit the award, together with the court’s opinion on the question of law which was the subject of the appeal, to the arbitrator for reconsideration or, where a new arbitrator has been appointed, to that arbitrator for consideration; or (d) set aside the award in whole or in part. (8) The court must not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration. (9) Where the award is remitted under subsection (7) (c) the arbitrator must, unless the order otherwise directs, make the award within 3 months after the date of the order. (10) The court may make any leave which it grants under subsection (3) (c) subject to the applicant complying with any conditions it considers appropriate. (11) Where the award of an arbitrator is varied on an appeal under this section, the award as varied has effect (except for this section) as if it were the award of the arbitrator. Note There is no equivalent to this section in the Model Law. Recognition and enforcement of awards Part 8 Section 35 R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Recognition and enforcement of awards