The expression 'arbitration in a country other than Australia' in s 40(7) of the Commercial Arbitration Act 1984 (NSW) refers to the juridical 'seat' of the arbitration, not the physical place of hearing; accordingly, an arbitration with its seat in a foreign country is not a 'domestic arbitration agreement' even if the hearing takes place in Australia. An exclusion agreement under s 40 need not expressly refer to s 38; a stipulation that an award will be 'final and binding' coupled with a promise not to 'institute or maintain proceedings in any court' is sufficient. Several interlocking documents signed by different parties can constitute a single multipartite arbitration agreement and exclusion agreement.
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