South Australian Numbered Acts

COMMERCIAL ARBITRATION ACT 2011 (NO 32 OF 2011) - SECT 27J

27J—Determination of preliminary point of law by Court

        (1)         Unless otherwise agreed by the parties, on an application to the Court made by any of the parties to an arbitration agreement the Court has jurisdiction to determine any question of law arising in the course of the arbitration.

        (2)         An application under this section may be made by a party only with the consent of—

            (a)         an arbitrator who has entered on the reference; or

            (b)         all the other parties,

and with the leave of the Court.

Note—

There is no equivalent to this section in the Model Law.

Part 6—Making of award and termination of proceedings