36Power of arbitrator to refer question of law to the Federal Circuit Court of Australia

#### 36 Power of arbitrator to refer question of law to the Federal Circuit Court of Australia (1) If: (a) any proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, has been referred under subsection 35(1) to an arbitrator for arbitration; and (b) the arbitrator has not made an award in respect of the arbitration; and (c) a party to the arbitration has requested the arbitrator to apply to the Federal Circuit Court of Australia for leave to refer to the Federal Circuit Court of Australia a question of law arising in the arbitration; the arbitrator may apply to the Federal Circuit Court of Australia or a Judge for leave to refer the question to the Federal Circuit Court of Australia. (2) The Federal Circuit Court of Australia or a Judge must not grant leave unless satisfied that the determination of the question of law by the Federal Circuit Court of Australia might result in substantial savings in costs to the parties to the arbitration. (3) If: (a) the Federal Circuit Court of Australia or a Judge grants leave; and (b) the arbitrator refers the question of law to the Federal Circuit Court of Australia; the Federal Circuit Court of Australia must determine the question of law.