Australian Capital Territory Repealed Acts

This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1986 (REPEALED) - SECT 53

    (1)     If a party to an arbitration agreement commences proceedings in a court against another party to the arbitration agreement in respect of a matter agreed to be referred to arbitration by the agreement, that other party may, subject to subsection (2), apply to that court to stay the proceedings and that court, if satisfied—

        (a)     that there is no sufficient reason why the matter should not be referred to arbitration in accordance with the agreement; and

        (b)     that the applicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary for the proper conduct of the arbitration;

may make an order staying the proceedings and may further give such directions with respect to the future conduct of the arbitration as it thinks fit.

    (2)     An application under subsection (1) must not, except with the leave of the court in which the proceeding is started, be made after the applicant has filed pleadings or taken any other step in the proceeding other than the filing of a notice of intention to respond or defence.

    (3)     Notwithstanding any rule of law to the contrary, a party to an arbitration agreement shall not be entitled to recover damages in any court from another party to the agreement by reason that that other party takes proceedings in a court in respect of the matter agreed to be referred to arbitration by the arbitration agreement.

    (4)     In this section:

"court "includes a tribunal.