43Savings and transitional provisions

43 Savings and transitional provisions (1) Subject to subsection (2): (a) this Act applies to an arbitration agreement (whether made before or after the commencement day) and to an arbitration under such an agreement; and (b) a reference in an arbitration agreement to the repealed Act, or a provision of that Act, is to be construed as a reference to this Act or to the corresponding provision (if any) of this Act. (2) If an arbitration was commenced before the commencement day, the law governing the arbitration and the arbitration agreement is to be that which would have been applicable if this Act had not been enacted. (3) For the purposes of this section, an arbitration is taken to have been commenced if: (a) a dispute to which the relevant arbitration agreement applies has arisen; and

Part 11 Repeal and consequential amendments Commercial Arbitration (National Uniform Legislation) Act 2011 47 (b) the arbitral tribunal has been properly constituted. Note for section 43 There is no equivalent of this section in the Model Law.