AustLII Tasmanian Consolidated Acts

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COMMERCIAL ARBITRATION ACT 2011 - SECT 6

Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)

(1)  The functions referred to in section 11(3) and (4) , 13(4) , 14(2) , 16(9) , 17H , 17I , 17J , 19(6) , 27 , 27A , 27B , 27H , 27I , 27J , 33D , 34 and 34A are, subject to subsection (2) , to be performed by the Supreme Court.
(2)  If –
(a) an arbitration agreement provides that the Magistrates Court (Civil Division) is to have jurisdiction under this Act; or
(b) the parties to an arbitration agreement have agreed in writing that the Magistrates Court (Civil Division) is to have jurisdiction under this Act and that agreement is in force –
the functions are to be performed, in relation to that agreement, by the Magistrates Court (Civil Division).

Note. This section differs from the Model Law to the extent that it relates to functions conferred on the Court with respect to domestic commercial arbitrations that are not referred to in the Model Law.



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