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These rules are the Supreme Court (Arbitration) Rules 2016.
These rules are the Supreme Court (Arbitration) Rules 2016.
These rules come into operation as follows —
Part 1 — on the day on which these rules are published in the Gazette;
the rest of the rules — on the 14th day after that day.
In these rules —
arbitration means an arbitration to which the WA Act or the Commonwealth Act applies, as the case requires;
Commonwealth Act means the International Arbitration Act 1974 (Commonwealth);
Form, if followed by a number, means the form of that number in Schedule 1;
Model Law means the UNCITRAL Model Law on International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law on 21 June 1985, as amended by the United Nations Commission on International Trade Law on 7 July 2006, the English text of which is set out in the Commonwealth Act Schedule 2;
RSC means Rules of the Supreme Court 1971;
WA Act means the Commercial Arbitration Act 2012.
Unless the contrary intention appears —
expressions used in this Part have the same meaning as in the Commonwealth Act or the WA Act, as the case requires; and
expressions used in Part 2 and in the forms in Schedule 1 referred to in that Part have the same meaning as in the Commonwealth Act; and
expressions used in Part 3 and in the forms in Schedule 1 referred to in that Part have the same meaning as in the WA Act.
These rules must be read with the RSC.
For the purposes of subrule (1) —
a reference in the RSC to the RSC (whether “these rules” or other words are used) is to be taken as including a reference to these rules, unless the context requires otherwise; and
a reference in these rules to these rules (whether “these rules” or other words are used) is to be taken as including a reference to the RSC, unless the context requires otherwise.
If there is a conflict or inconsistency between these rules and the RSC, these rules prevail.
A party to a proceeding to which these rules apply who seeks to rely on a document that is not in the English language must provide a certified English translation of the document —
to the Court; and
to any other party to the proceeding.
Notes for this rule —
1. The Commonwealth Act section 9 also deals with the translation of awards and arbitration agreements in proceedings to which the Commonwealth Act Part II applies.
2. The WA Act section 35 also deals with the translation of awards in proceedings to which the WA Act Part 8 applies.
An application under the Commonwealth Act section 7 to stay the whole or part of a proceeding and refer the parties to arbitration must be made by way of a summons in the form of Form 1.
The summons must be accompanied by —
a copy of the arbitration agreement; and
an affidavit stating the material facts on which the summons is based.
An application under the Commonwealth Act section 8(2) to enforce a foreign award must be made by way of an originating summons in the form of Form 2.
The application must be accompanied by —
the documents referred to in the Commonwealth Act section 9; and
an affidavit stating the following —
the extent to which the foreign award has not been complied with at the date of the summons;
the usual or last known place of residence or business of the person against whom it is sought to enforce the foreign award or, if the person is a company, the last known registered office of the company.
An application under the Model Law article 8 to refer parties to arbitration must be made by way of a summons in the form of Form 3.
The summons must be accompanied by the following —
a copy of the arbitration agreement;
an affidavit stating the material facts on which the summons is based.
An application for the issue of a subpoena under the Commonwealth Act section 23(3) must be made by way of an originating summons in the form of Form 4.
The summons must be accompanied by the following —
a draft subpoena in accordance with subrule (3);
an affidavit stating the following —
the names of the parties to the arbitration;
the name of the arbitrator, or the names of the arbitrators constituting the arbitral tribunal, conducting the arbitration;
the place where the arbitration is being conducted;
the nature of the arbitration;
the terms of the permission given by the arbitral tribunal for the application;
the conduct money (if appropriate) to be paid to the addressee;
the witness expenses payable to the addressee.
A draft subpoena must be —
for a subpoena to attend for examination before an arbitral tribunal — in the form of Form 5; or
for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena — in the form of Form 6; or
for a subpoena to attend for examination and produce documents — in the form of Form 7.
The Court may —
fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and
direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.
An amount fixed under subrule (4) may be in addition to any conduct money or witness expenses referred to in subrule (2)(b).
A subpoena must be —
for a subpoena to attend for examination before an arbitral tribunal — in the form of Form 5; or
for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena — in the form of Form 6; or
for a subpoena to attend for examination and produce documents — in the form of Form 7.
A person served with a subpoena must comply with the subpoena in accordance with its terms.
The RSC Order 36B applies so far as is practicable to a subpoena referred to in this rule.
An application for an order under the Commonwealth Act section 23A(3) must be made by way of an originating summons in the form of Form 8.
The summons must state the ground relied on under the Commonwealth Act section 23A(1).
The summons must be accompanied by an affidavit stating the following —
if the permission of the arbitral tribunal is needed for the application, the terms of the permission;
the material facts relied on.
An application under the Commonwealth Act section 23F or 23G for an order prohibiting or allowing the disclosure of confidential information must be made by way of an originating summons in the form of Form 9.
The summons must be accompanied by an affidavit stating the following —
the material facts relied on;
if the application is made under the Commonwealth Act section 23F —
the terms of the order of the arbitral tribunal allowing disclosure of the information; and
the date the order was made;
if the application is made under the Commonwealth Act section 23G —
the date the arbitral tribunal’s mandate was terminated; or
the date and the terms of the request made to the arbitral tribunal for disclosure of the confidential information and of the arbitral tribunal’s refusal to make the order.
An application for relief under the Model Law article 11(3), 11(4), 13(3), 14, 16(3), 17H, 17J or 27 must be made by way of an originating summons in the form of Form 10.
The summons must be accompanied by an affidavit stating the material facts on which the summons is based.
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