South Australian Current Acts

COMMERCIAL ARBITRATION ACT 2011 - SECT 28

28—Rules applicable to substance of dispute

        (1)         The arbitral tribunal must decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute.

        (2)         Any designation of the law or legal system of a given State or Territory must be construed, unless otherwise expressed, as directly referring to the substantive law of that State or Territory and not to its conflict of laws rules.

        (3)         Failing any designation by the parties, the arbitral tribunal must apply the law determined by the conflict of laws rules which it considers applicable.

        (4)         The arbitral tribunal must decide the dispute, if the parties so agree, in accordance with such other considerations as are agreed to by the parties.

        (5)         In all cases, the arbitral tribunal must decide in accordance with the terms of the contract and must take into account the usages of the trade applicable to the transaction.

Note—

This section (other than subsection (4)) is substantially the same as Art 28 of the Model Law.