Determination of question of law (WA Act s. 27J)
21 Determination of question of law (WA Act s. 27J)
An application under the WA Act section 27J for leave to apply for determination of a question of law arising in the course of an arbitration and, if leave is granted, for the determination of the question of law, must be made by way of an originating summons in the form of Form 22.
The summons must be accompanied by an affidavit —
exhibiting the following —
a copy of the arbitration agreement;
evidence of the consent of the arbitrator or the consent of all the other parties as required by the WA Act section 27J(2);
and
stating the following —
the name and usual or last known place of residence or business of any person whose interest might be affected by the proposed determination of the question of law or, if the person is a company, the last known registered office of the company;
the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises;
the facts on the basis of which the question of law is to be determined and the basis on which those facts are stated, including whether they are agreed, assumed, found by the arbitral tribunal or otherwise.
The summons and supporting affidavit must be served on any person whose interest might be affected by determination of the question of law.
The Court may, if it thinks fit, hear and determine the question of law at the same time as the application for leave to apply for the determination of the question.
If the Court first hears and grants the application for leave, it may make such orders as it thinks fit for the hearing and determination of the question of law.
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