(1) This Act applies
to domestic commercial arbitrations.
Note for this subsection:
The
International Arbitration Act 1974 of the Commonwealth covers international
commercial arbitrations and the enforcement of foreign arbitral awards.
(2) The provisions of
this Act, except sections 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the
place of arbitration is in Western Australia.
(3) An arbitration is
domestic if —
(a) the
parties to an arbitration agreement have, at the time of the conclusion of
that agreement, their places of business in Australia; and
(b) the
parties have (whether in the arbitration agreement or in any other document in
writing) agreed that any dispute that has arisen or may arise between them is
to be settled by arbitration; and
(c) it
is not an arbitration to which the Model Law (as given effect by the
International Arbitration Act 1974 (Commonwealth)) applies.
(4) For the purposes
of subsection (3) —
(a) if a
party has more than one place of business, the place of business is that which
has the closest relationship to the arbitration agreement; and
(b) if a
party does not have a place of business, reference is to be made to the
party’s habitual residence.
(5) This Act does not
affect any other Act by virtue of which certain disputes may not be submitted
to arbitration or may be submitted to arbitration only according to provisions
other than those of this Act.
(6) Subject to
subsection (5), this Act applies to arbitrations provided for in any other Act
as if —
(a) the
other Act were an arbitration agreement; and
(b) the
arbitration were pursuant to an arbitration agreement; and
(c) the
parties to the dispute which, by virtue of the other Act, is referred to
arbitration were the parties to the arbitration agreement,
except in so far as
the other Act otherwise indicates or requires.
Model Law Note for this section:
The term
“commercial” should be given a wide interpretation so as to cover
matters arising from all relationships of a commercial nature, whether
contractual or not. Relationships of a commercial nature include, but are not
limited to, the following transactions: any trade transaction for the supply
or exchange of goods or services; distribution agreement; commercial
representation or agency; factoring; leasing; construction of works;
consulting; engineering; licensing; investment; financing; banking; insurance;
exploitation agreement or concession; joint venture and other forms of
industrial or business co-operation; carriage of goods or passengers by air,
sea, rail or road.
Note for this section:
This section differs
from the Model Law to the extent necessary to apply Art 1 as incorporated in
this Act to domestic commercial arbitrations.