New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 39

39 Determination by arbitrator

(cf Act No 43 1983, section 15)

(1) The issues in dispute in referred proceedings are to be determined by the arbitrator on the evidence adduced before the arbitrator.

(2) The arbitrator must record the arbitrator's determination of the proceedings, and the reasons for the determination, by an award in writing signed by the arbitrator.

(3) The arbitrator must immediately send the award to the referring court.

(4) An arbitrator may not make a determination that could not have been made had the proceedings been heard and determined by the referring court.

(5) Despite subsection (4), an award does not fail to have full effect, and may not be called in question, by reason only that the amount awarded exceeds the amount claimed in the proceedings to which the award relates.