Australian Capital Territory Repealed Acts

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This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1986 (REPEALED) - SECT 19

Evidence before arbitrator or umpire

    (1)     Unless a contrary intention is expressed in the arbitration agreement, evidence before the arbitrator or umpire—

        (a)     may be given orally or in writing; and

        (b)     must, if the arbitrator or umpire requires, be given on oath or by affidavit.

Note     Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act

, dict, pt 1).

    (2)     Unless a contrary intention is expressed in the arbitration agreement, an arbitrator or umpire may administer an oath or affirmation or take an affidavit for the purposes of proceedings under that agreement.

    (3)     Unless otherwise agreed in writing by the parties to the arbitration agreement, an arbitrator or umpire in conducting proceedings under an arbitration agreement is not bound by rules of evidence but may inform himself or herself in relation to any matter in such manner as the arbitrator or umpire thinks fit.



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