South Australian Current Acts

COMMERCIAL ARBITRATION ACT 2011 - SECT 6

6—Court for certain functions of arbitration assistance and supervision

        (1)         The functions referred to in sections 11(3) and (4), 13(4), 14(2), 16(9), 17H— 17J, 19(6), 27— 27B, 27H— 27J, 33D, 34 and 34A are, subject to subsection (2), to be performed by the Supreme Court.

        (2)         If—

            (a)         an arbitration agreement provides that the District Court or Magistrates Court is to have jurisdiction under this Act; or

            (b)         the parties to an arbitration agreement have agreed in writing that the District Court or Magistrates Court is to have jurisdiction under this Act and that agreement is in force,

the functions are to be performed, in relation to that agreement, by the District Court or Magistrates Court, as the case requires.

Note—

This section differs from the Model Law to the extent that it relates to functions conferred on the Court with respect to domestic commercial arbitrations that are not referred to in the Model Law.

Part 2—Arbitration agreement