Australian Capital Territory Repealed Acts

This legislation has been repealed.

ARBITRATION ACT 1902

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Arbitration Act 1902.1  
   3.      In this Act, unless the context or subject-matter otherwise indicates or requires—“Court” means the Supreme Court or a Judge thereof. “Judge” means a Judge of the Supreme Court. “Submission” means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.  

   PART II--REFERENCES BY CONSENT OUT OF COURT

   4.      A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court, and shall have the same effect in all respects as if it had been made an order of Court.  
   5.      A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the Second Schedule, so far as they are applicable to the reference under the submission.  
   6.      If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a Judge, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.  
   7.      In any of the following cases—  
   8.      Where a submission provides that the reference shall be to 2 arbitrators, 1 to be appointed by each party, then, unless the submission expresses a contrary intention—  
   9.      The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power—  
   10.     Any party to a submission may sue out a writ of subpoena ad testificandum, or a writ of subpoena duces tecum; but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action: Provided that every person whose attendance is so required shall be entitled to the like conduct money and payment for expenses as upon a trial in the Court.  
   11.     The time for making an award may from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.  
   12.     (1) In all cases of reference to arbitration, the Court may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrators or umpire.  
   13.     (1) Where an arbitrator or umpire has misconducted himself, the Court may remove him.  
   14.     An award on a submission may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect.  

   PART III--REFERENCES UNDER ORDER OF COURT

   15.     In any cause or matter (other than a criminal proceeding by the Crown)—  
   16.     (1) In all cases of reference under an order of the Court in any cause or matter, the referee or arbitrator shall be deemed to be an officer of the Court, and shall have such authority, and shall conduct the reference in such manner, as may be prescribed by rules of Court, and subject thereto as the Court may direct.  
   17.     The Court shall, as to references under order of the Court, have all the powers which are by this Act conferred on the Court as to references by consent out of Court.  

   PART IV--GENERAL

   18.     (1) The Court may order that a writ of subpoena ad testificandum or subpoena duces tecum shall issue to compel the attendance before a referee, or before any arbitrator or umpire, of a witness wherever he may be within the jurisdiction.  
   19.     Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall, if so directed by the Court, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.  
   21.     In all cases of reference to arbitration under any authority whatsoever, it shall be lawful for the Court to make an order or issue a commission for the examination of any party to such reference, or any witness whose evidence by reason of absence or intention to depart from the Territory, or illness, age, distance of residence, or other cause, would otherwise be liable to be lost, and to give all such directions as to the time, place and manner of examination and other matters connected therewith as such court shall think fit. And every such order or commission may be made or issued in like manner as orders are made or commissions issued for the examination of witnesses in any proceedings in the said court or as near thereto as may be. Any person authorized to take the evidence of witnesses under any such order or commission shall take such evidence upon oath.  
   22.     No person shall be compelled under any such order or by any arbitrator to answer any question he would not be compelled to answer at a trial.  
   23.     All evidence taken under any such order or commission shall be received by the arbitrators, saving all just exceptions, in like manner as evidence taken under any order or commission made or issued by the Court in proceedings pending therein is received at the trial of such proceedings.  
   24.     Any order made under this Act may be made on such terms as to costs, or otherwise, as the authority making the order thinks just.  
   25.     Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open court, and may be dealt with, prosecuted, and punished accordingly.  
   26.     This Act shall apply to any arbitration under a contract to which the Commonwealth is a party, being a contract that is governed by a law of the Territory.  
   27.     This Act shall apply to every arbitration under a law of the Territory as if the arbitration were in pursuance of a submission, except in so far as this Act is inconsistent with the law regulating the arbitration or with any rules or procedure authorized or recognised by that law.  
           ENDNOTES