1Scope of application (Model Law Art 1)

1 Scope of application (Model Law Art 1) (1) This Act applies to domestic commercial arbitrations. Note for subsection (1) The International Arbitration Act 1974 (Cth) covers international commercial arbitrations and the enforcement of foreign arbitral awards. (2) The provisions of this Act, except sections 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the place of arbitration is in the Territory. Part 1 General provisions Commercial Arbitration (National Uniform Legislation) Act 2011 3 (3) An arbitration is domestic if: (a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in Australia; and (b) the parties have (whether in the arbitration agreement or in any other document in writing) agreed that any dispute that has arisen or may arise between them is to be settled by arbitration; and (c) it is not an arbitration to which the Model Law (as given effect by the International Arbitration Act 1974 (Cth)) applies. (4) For the purposes of subsection (3): (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; and (b) if a party does not have a place of business, reference is to be made to the party's habitual residence. (5) This Act does not affect any other Act by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Act. (6) Subject to subsection (5), this Act applies to arbitrations provided for in any other Act as if: (a) the other Act were an arbitration agreement; and (b) the arbitration were pursuant to an arbitration agreement; and (c) the parties to the dispute which, by virtue of the other Act, is referred to arbitration were the parties to the arbitration agreement; except in so far as the other Act otherwise indicates or requires. Model Law note for section 1 The term "commercial" should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road. Part 1 General provisions Commercial Arbitration (National Uniform Legislation) Act 2011 4 Note for section 1 This section differs from the Model Law to the extent necessary to apply Art 1 as incorporated in this Act to domestic commercial arbitrations. 2 Definitions and rules of interpretation (Model Law Art 2) (1) In this Act: 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. 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 commercial arbitration, see section 1. exercise a function includes perform a duty. function includes a power, authority or duty. interim measure, see section 17. Part 1 General provisions Commercial Arbitration (National Uniform Legislation) Act 2011 5 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). 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. Note for subsection (1) The definitions of arbitration agreement, confidential information, disclose, domestic commercial arbitration, exercise, function, interim measure, Model Law, party and the Court are not included in the Model Law. (2) Where a provision of this Act, except section 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination. (3) Where a provision of this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement. (4) Where a provision of this Act, other than sections 25(1)(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim. (5) Notes (other than the Model Law note for section 1) included in this Act do not form part of this Act. Note for subsection (5) This provision is not included in the Model Law. (6) A heading to a section of this Act does not form part of this Act. Note for subsection (6) This provision is included to give effect to footnote1 to Art 1 of the Model Law. Part 1 General provisions Commercial Arbitration (National Uniform Legislation) Act 2011 6