Court for certain functions of arbitration assistance and supervision
6 Court for certain functions of arbitration assistance and supervision
(Model Law art 6)
Subject to subsection (2), the functions referred to in the following sections must be performed by the Supreme Court:
section 11 (3) and (4);
section 13 (4);
section 14 (2);
section 16 (9);
section 17H, section 17I and section 17J;
section 19 (6);
section 27, section 27A, section 27B, section 27H, section 27I and section 27J;
section 33D, section 34 and section 34A.
If—
an arbitration agreement provides that the Magistrates Court is to have jurisdiction under this Act; or
the parties to an arbitration agreement have agreed, in writing, that the 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 Magistrates Court, as the case requires.
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.
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