Definitions and rules of interpretation (cf Model Law Art 2)

In force

(1)

In this Act—

arbitral tribunal means a sole arbitrator or a panel of arbitrators.

arbitration means any domestic commercial arbitration whether or not administered by a permanent arbitral institution.

arbitration agreement see section 7.

confidential information, in relation to arbitral proceedings, means information that relates to the arbitral proceedings or to an award made in those proceedings and includes the following—

(a)

the statement of claim, statement of defence and all other pleadings, submissions, statements or other information supplied to the arbitral tribunal by a party;

(b)

any information supplied by a party to another party in compliance with a direction of the arbitral tribunal;

(c)

any evidence (whether documentary or otherwise) supplied to the arbitral tribunal;

(d)

any notes made by the arbitral tribunal of oral evidence or submissions given before the arbitral tribunal;

(e)

any transcript of oral evidence or submissions given before the arbitral tribunal;

(f)

any rulings of the arbitral tribunal;

(g)

any award of the arbitral tribunal.

disclose, in relation to confidential information, includes publishing or communicating or otherwise supplying the confidential information.

domestic commercial arbitration see section 1.

exercise a function includes perform a duty.

function includes a power, authority or duty.

interim measure see section 17.

Model Law means the UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006).

party means a party to an arbitration agreement and includes—

(a)

any person claiming through or under a party to the arbitration agreement; and

(b)

in any case where an arbitration does not involve all of the parties to the arbitration agreement, those parties to the arbitration agreement who are parties to the arbitration.

the Court means, subject to section 6(2), the Supreme Court.

Note—

The definitions arbitration agreement, confidential information, disclose, domestic commercial arbitration, exercise, function, interim measure, Model Law, party and the Court are not included in the Model Law.

(2)

Where a provision of this Act, except section 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination.

(3)

Where a provision of this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.

(4)

Where a provision of this Act, other than sections 25(1)(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.

(5)

Notes (other than the Model Law note to section 1) included in this Act do not form part of this Act.

Note—

This provision is not included in the Model Law.

(6)

A heading to a section of this Act (other than sections 1AA to 1AD), does not form part of this Act.

Note—

Subsection (6) is included to give effect to the first note to Art 1 of the Model Law.

This Act’s bill:Explanatory memorandum Second reading speech

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2 Definitions and rules of interpretation (cf Model Law Art 2)