Western Australian Current Acts

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19 .         Determination of rules of procedure (cf. Model Law Art 19)

        (1)         Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.

        (2)         Failing such agreement, the arbitral tribunal may, subject to the provisions of this Act, conduct the arbitration in such manner as it considers appropriate.

        (3)         The power conferred on the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

        (4)         The power conferred on the tribunal also includes the power to make orders or give directions for the examination of a party or witness on oath or affirmation.

        (5)         For the purposes of the exercise of the power referred to in subsection (4), the arbitral tribunal may administer any necessary oath or take any necessary affirmation.

        (6)         An order made or direction given by an arbitral tribunal in the course of arbitral proceedings is, by leave of the Court, enforceable in the same manner as if it were an order of the Court and, where leave is so given, judgment may be entered in terms of the order or direction.

        Note for this section:

                This section (other than subsections (4)–(6)) is substantially the same as Art 19 of the Model Law. Subsections (4)–(6) elaborate on the powers conferred on arbitral tribunals.

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