Commonwealth Consolidated Acts

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INTERNATIONAL ARBITRATION ACT 1974 - SECT 23J

Evidence

  (1)   An arbitral tribunal may, at any time before the award is issued by which a dispute that is arbitrated by the tribunal is finally decided, make an order:

  (a)   allowing the tribunal or a person specified in the order to inspect, photograph, observe or conduct experiments on evidence that is in the possession of a party to the arbitral proceedings and that may be relevant to those proceedings (the relevant evidence ); and

  (b)   allowing a sample of the relevant evidence to be taken by the tribunal or a person specified in the order.

  (2)   The tribunal may only specify a person in the order if the person is:

  (a)   a party to the proceedings; or

  (b)   an expert appointed by the tribunal under Article 26 of the Model Law; or

  (c)   an expert appointed by a party to the proceedings with the permission of the tribunal.

  (3)   The provisions of the Model Law apply in relation to an order under this section in the same way as they would apply to an interim measure under the Model Law.


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