Arbitration Act

This Act may be cited as the Arbitration Act.

The provisions of the Act apply to domestic arbitration and international arbitration.

Defines key arbitration terms and interprets certain references: parties may authorize a third party to determine issues when the Act leaves them free to decide.

Courts are prohibited from intervening in matters governed by this Act, except as provided in the Act.

An arbitration agreement must be in writing; it may take the form of an arbitration clause in a contract or a separate agreement. Writing includes a signed document, an exchange of letters/telex/telegram/facsimile/electronic mail or other telecommunications providing a record, or an exchange of statements of claim and defence where existence of the agreement is alleged by one party and not denied by the other. A contract’s reference to a document with an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference incorporates the clause.

If a party knows a provision or arbitration requirement wasn't complied with but continues the arbitration without promptly stating an objection (or within any prescribed time limit), that party is deemed to have waived the right to object.

After an application under subsection (1) has been made and the matter remains undetermined, proceedings before the court shall not be continued; if the court declines to stay proceedings, any arbitration agreement provision making an award a condition precedent to court proceedings is of no effect for those proceedings.

A party may ask the High Court for interim measures before or during arbitration and the High Court may grant them; if the arbitral tribunal has already ruled on a relevant matter, the High Court must treat that ruling or finding of fact as conclusive for the application.

An arbitration agreement remains enforceable by or against the personal representative of a deceased party.

Specifies when written communications are deemed received: transmissions to a facsimile number or electronic mailing address specified by the addressee as address for service; deliveries to the addressee personally or at business, residence or mailing address; sending to last known contact details or by any method that records the attempt, with receipt dated in that record; excludes service of documents for legal proceedings governed by rules of court.

Parties may decide how many arbitrators to use; if an agreement provides for two arbitrators, those two must appoint a third unless the agreement shows a contrary intention.

Rules for appointing arbitrators: parties appoint arbitrators according to whether there are one, two, or three arbitrators; nationality does not preclude acting as arbitrator unless parties agree otherwise; the High Court handles disputes about appointments and can set aside or make appointments.

Persons approached about appointment and appointed arbitrators must disclose circumstances likely to raise justifiable doubts about impartiality or independence; a party may challenge an arbitrator only for reasons learned after appointment.

Parties may agree a procedure to challenge an arbitrator; if no agreement, a party intending to challenge must within fifteen days send a written statement of reasons to the arbitral tribunal; if that challenge fails the challenging party may apply to the High Court within thirty days; the challenged arbitrator may appear before the High Court; the High Court may confirm or uphold the challenge and may remove the arbitrator and make orders about fees; while a High Court application is pending parties may continue arbitral proceedings but an award does not take effect until the application is decided and will be void if the application succeeds.

A party may apply to the High Court to decide on termination of an arbitrator's mandate if there is a dispute about grounds in subsection (1)(a).

An arbitrator's authority is personal and ends on his death; substitute arbitrators must be appointed according to the original appointment procedure, and prior hearings may need to be reheard depending on whether a sole arbitrator or chairman is replaced.

The High Court may grant relief to an arbitrator who reasonably resigned and the court may make orders about the arbitrator's entitlement to fees or expenses.

An arbitrator (and, by extension, a servant or agent acting with due authority and in good faith) is exempt from liability for acts or omissions done in good faith in the discharge or purported discharge of their functions; this does not affect liability for resignation or withdrawal.

Rules on the arbitral tribunal’s competence to rule on its jurisdiction, including independence of arbitration clauses, timing for jurisdictional pleas, tribunal discretion to admit late pleas, tribunal power to rule preliminarily or on the merits, High Court review within 30 days of a preliminary ruling, finality of the High Court decision, and effect of pending High Court applications on awards.

The arbitral tribunal may order interim protective measures, require parties to provide security (including security for costs), may (or a party with its approval may) seek High Court assistance, and the High Court has equivalent power to make such orders when requested.

Parties must be treated equally, and each party (subject to section 20) must be given a fair and reasonable opportunity to present their case.

The parties to arbitration must do all things necessary for the proper and expeditious conduct of the arbitral proceedings.

Parties may agree on arbitral procedure; if not, the arbitral tribunal may set procedure and has powers over evidence, witnesses have court-like privileges, and the tribunal can order oath examinations and administer oaths.

Parties may agree on the juridical seat and hearing locations; if they do not, the arbitral tribunal must decide the place of arbitration; the tribunal may meet at any location it considers appropriate unless the parties agree otherwise.

Arbitral proceedings in a particular dispute start on the date a request to refer the dispute to arbitration is received by the respondent, unless the parties agree otherwise.

Parties may agree on the language(s) for arbitration; if they do not, the arbitral tribunal must decide the language(s); the tribunal may order translations of documentary evidence into the agreed or determined language(s).

Claimant must set out the facts, issues and remedies within the agreed or tribunal-determined time; respondent must state a defence; parties may submit relevant documents; parties may amend claims or defences unless tribunal disallows due to delay.

The arbitral tribunal must decide whether to hold oral hearings or proceed on documents; it must hold hearings unless the parties agree none and if a party requires them; the parties may appear in person or be represented.

If the claimant does not communicate the statement of claim under section 24(1), the arbitral tribunal must terminate the arbitral proceedings.

Section 27 lets an arbitral tribunal appoint experts and require parties to give experts relevant information; experts must participate in hearings when requested or ordered and must provide documents or items they received to prepare their report upon a party's request unless the parties agree otherwise.

The arbitral tribunal or (with the tribunal's approval) a party may ask the High Court for help taking evidence; the High Court may carry out such requests within its competence and according to its rules on taking evidence.

The arbitral tribunal must decide the dispute according to the law chosen by the parties; if no choice is made it must apply the law it considers appropriate; it may decide according to justice and fairness only if expressly authorized by the parties; it must follow the contract terms and trade usages.

Decisions of a multi-member arbitral tribunal must be made by a majority of its members unless the parties agree otherwise; if authorized by the parties or all members, the Chairman may decide questions of procedure.

If the parties settle during arbitral proceedings, the arbitral tribunal must terminate the proceedings and, if the parties request it and the tribunal does not object, record the settlement as an arbitral award on agreed terms.

An arbitral award must be in writing and signed by the arbitrator(s); in multi-arbitrator tribunals a majority signature suffices if reasons for omitted signatures are stated; reasons need not be given where the parties agreed or the award is on agreed terms under section 31.

Unless the parties agree otherwise, an arbitral award is final and binding on the parties; no recourse against the award is available except in the manner provided by this Act.

Unless the parties agree otherwise, the arbitral tribunal determines and apportions arbitration costs in its award; if no award does so, each party bears its own legal expenses and an equal share of tribunal fees; the tribunal may withhold an award until its fees are paid; a party may pay those fees into court and apply to the High Court to determine proper fees; the High Court's decision is final; subsections (3)–(6) override agreements to the contrary.

An arbitral award may provide for payment of simple or compound interest as specified in the award.

Section 33 sets out how arbitral proceedings end: by a final award or by tribunal order, and lists three specific grounds for termination including claimant withdrawal (subject to objection), parties' agreement, and tribunal finding proceedings unnecessary or impossible; it also states the tribunal's mandate ends when proceedings terminate, subject to sections 34 and 35.

Allows a party to request corrections, clarifications or additional awards and requires the arbitral tribunal to act within specified time limits if the requests are justified; the tribunal may also correct some errors on its own and extend time limits if necessary.

A party cannot apply to set aside an arbitral award after 3 months from when they received the award; the High Court may suspend set-aside proceedings to allow the tribunal to resume or cure defects if requested by a party.

Domestic and international arbitral awards are to be recognized and enforced; parties must provide certified English translations when awards or agreements are not in English.

Section 37 lists grounds on which recognition or enforcement of an arbitral award may be refused, and allows the High Court to adjourn its decision or order security where an application to set aside or suspend an award has been made.

Section 38: Effects of bankruptcy on arbitration agreements — trustees may apply to the High Court to refer matters to arbitration; the High Court may order referral if it is of the opinion the matter should be arbitrated.

A party may apply or appeal to the High Court (and, in certain cases, to the Court of Appeal) on questions of law arising in domestic arbitration; courts may determine such questions and confirm, vary, set aside or remit awards; applications or appeals must follow the Rules of Court time limits and manner.

Rules about the recognition and enforcement of arbitral awards and related proceedings.

The Act binds the Government.