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s 28.47

Application under section 23A of International Arbitration Act

In force
Chapter 2Original jurisdiction—proceedings generally
Part 28Alternative dispute resolution
Division 28.5International arbitration

28.47 Application under section 23A of International Arbitration Act

(1)

A party to an arbitral proceeding who wants an order under section 23A(3) of the International Arbitration Act must file:

(a)

if a proceeding has not been started in relation to the arbitral proceeding—an originating application, in accordance with Form 56; or

(b)

if a proceeding has been started in relation to the arbitral proceeding—an interlocutory application in that proceeding.

(2)

An application under subrule (1) must be accompanied by an affidavit stating the following:

(a)

the person against whom the order is sought;

(b)

the order sought;

(c)

the ground under section 23A(1) relied on;

(d)

the terms of the permission given by the arbitral tribunal for the application;

(e)

the material facts relied on for the making of the order.

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