(1) In this Act
—
arbitral tribunal means a sole arbitrator or a
panel of arbitrators;
arbitration means any domestic commercial
arbitration whether or not administered by a permanent arbitral institution;
arbitration agreement has the meaning given in
section 7;
confidential information , in relation to arbitral
proceedings, means information that relates to the arbitral proceedings or to
an award made in those proceedings and includes the following —
(a) the
statement of claim, statement of defence and all other pleadings, submissions,
statements or other information supplied to the arbitral tribunal by a party;
(b) any
information supplied by a party to another party in compliance with a
direction of the arbitral tribunal;
(c) any
evidence (whether documentary or otherwise) supplied to the arbitral tribunal;
(d) any
notes made by the arbitral tribunal of oral evidence or submissions given
before the arbitral tribunal;
(e) any
transcript of oral evidence or submissions given before the arbitral tribunal;
(f) any
rulings of the arbitral tribunal;
(g) any
award of the arbitral tribunal;
disclose , in relation to confidential
information, includes publishing or communicating or otherwise supplying the
confidential information;
domestic commercial arbitration has the meaning
given in section 1(3);
exercise a function includes perform a duty;
interim measure has the meaning given in
section 17(2);
Model Law means the UNCITRAL Model Law on
International Commercial Arbitration (as adopted by the United Nations
Commission on International Trade Law on 21 June 1985, and as amended by the
United Nations Commission on International Trade Law on 7 July 2006);
party means a party to an arbitration agreement
and includes —
(a) any
person claiming through or under a party to the arbitration agreement; and
(b) in
any case where an arbitration does not involve all of the parties to the
arbitration agreement, those parties to the arbitration agreement who are
parties to the arbitration;
the Court means, subject to section 6(2), the
Supreme Court.
Note for this subsection:
The definitions of
arbitration agreement , confidential information , disclose , domestic
commercial arbitration , exercise , interim measure , Model Law , party and
the Court are not included in the Model Law.
(2) Where a provision
of this Act, except section 28, leaves the parties free to determine a certain
issue, such freedom includes the right of the parties to authorise a third
party, including an institution, to make that determination.
(3) Where a provision
of this Act refers to the fact that the parties have agreed or that they may
agree or in any other way refers to an agreement of the parties, such
agreement includes any arbitration rules referred to in that agreement.
(4) Where a provision
of this Act, other than sections 25(1)(a) and 32(2)(a), refers to a claim, it
also applies to a counter-claim, and where it refers to a defence, it also
applies to a defence to such counter-claim.
(5) Notes (other than
the Model Law note to section 1) included in this Act do not form part of this
Act.
Note for this subsection:
This provision is not
included in the Model Law.