Australian Capital Territory Current Acts

COMMERCIAL ARBITRATION ACT 2017 - SECT 2A

(Model Law art 2A)

    (1)     Subject to section 1C, in the interpretation of this Act, regard is to be had to the need to promote, so far as practicable, uniformity between the application of this Act to domestic commercial arbitrations and the application of the provisions of the Model Law (as given effect by the International Arbitration Act 1974

(Cwlth)) to international commercial arbitrations and the observance of good faith.

Note     This section differs from the Model Law. Art 2A (1) has been changed as a consequence of the application of the Act to domestic (instead of international) commercial arbitrations. Art 2A (2) is omitted because it is covered by the provision referred to in section 1C (4). Subsections (3) and (4) reflect the International Arbitration Act 1974

(Cwlth) , s 17.

    (2)     [omitted]

    (3)     Without limiting subsection (1), in interpreting this Act, reference may be made to documents of—

        (a)     the United Nations Commission on International Trade Law that relate to the Model Law; and

        (b)     the Commission's working groups for the preparation of the Model Law.

    (4)     Subsection (3) does not affect the application of the Legislation Act

, section 141 (Non-legislative context generally) or section 142 (Non-legislative context—material that may be considered) for the purposes of interpreting this Act.