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Commercial Arbitration (National Uniform Legislation) Act 2011
2AInternational origin and general principles (Model Law Art 2A)
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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 (Cth)) to
international commercial arbitrations and the observance of good
faith.
(2) (not used)
(3) Without limiting subsection (1), in interpreting this Act, reference
may be made to the documents relating to the Model Law of:
(a) the United Nations Commission on International Trade Law;
and
(b) its working groups for the preparation of the Model Law.
(4) Subsection (3) does not affect the application of section 62B of the
Interpretation Act 1978 for the purposes of interpreting this Act.
Note for section 2A
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 section 17
of the International Arbitration Act 1974 (Cth).
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 at 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 so delivered.