Australian Capital Territory Current Acts

COMMERCIAL ARBITRATION ACT 2017 - SECT 2

(Model Law art 2)

    (1)     [omitted]

Note     This section differs from the Model Law to the extent that the definitions in art 2 (1) are set out in the dictionary to this Act.

    (2)     Where a provision of this Act, except section 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third-party, including an institution, to make that determination.

    (3)     Where a provision of this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.

    (4)     Where a provision of this Act, other than section 25 (1) (a) and section 32 (2) (a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.