40Arbitration procedure—Commercial Arbitration Act

40 Arbitration procedure—Commercial Arbitration Act (1) The Commercial Arbitration Act 2017 applies in relation to an arbitration, subject to this part. (2) Despite the Commercial Arbitration Act 2017, section 24A, a party to a dispute may be represented by a lawyer in a proceeding before the arbitrator only by leave given by the arbitrator.

(3) An arbitrator must only give leave under subsection (2) if, in the arbitrator’s opinion— (a) legal representation of the party is likely to shorten the arbitration or to reduce its costs; or (b) the party would be unfairly disadvantaged otherwise. (4) An arbitration is to be heard in private, unless the arbitrator otherwise directs. (5) An arbitrator may direct that the costs of an arbitration are to be paid (in whole or in part) by the commission or the Territory. (6) For the Commercial Arbitration Act 2017, section 33B (1), without limiting the fees and expenses of the arbitrator mentioned in that subsection, the arbitrator’s fees and expenses include all costs incurred by the arbitrator and by the commission in relation to the arbitration, including the following: (a) administrative costs; (b) costs incurred in engaging consultants and expert witnesses; (c) witnesses’ expenses.