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Commercial Arbitration Act 2006 (NI)
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2015Q00102
18 June 2015
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Norfolk Island
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Table of contents
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PART 1 - PRELIMINARY
Citation
Commencement
Definitions
Crown to be bound
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PART 2 - APPOINTMENT OF ARBITRATORS AND UMPIRES
Presumption of single arbitrator
Presumption as to joint appointment of arbitrator
Default in the exercise of power to appoint arbitrator
Power to appoint new arbitrator or umpire
General power of the Court to fill vacancy
Power of the Court where arbitrator or umpire is removed
Appointment of umpire
Position of person appointed by the Court etc
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PART 3 - CONDUCT OF ARBITRATION PROCEEDINGS
Procedure of arbitrator or umpire
Manner in which decisions are made
Circumstances in which umpires may enter on the arbitration
Parties may obtain subpoenas
Refusal or failure to attend before arbitrator or umpire or to produce document
Evidence before arbitrator or umpire
Representation
Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made
Determination to be made according to law or as amiable compositeur or ex aequo et bono (See UNCITRAL Arbitration Rules Article 33, paragraph 2)
Interim awards
Specific performance
Extension of ambit of arbitration proceedings
Consolidation of arbitration proceedings
Settlement of disputes otherwise than by arbitration
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PART 4 - AWARDS AND COSTS
Award to be final
Form of award
Power to correct award
Interest up to making of award
Interest on debt under award
Enforcement of award
Costs
Taxation of arbitrator’s or umpire’s fees and expenses
Costs of abortive arbitration
Duties of parties
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PART 5 - POWERS OF THE COURT
Judicial review of awards
Determination of preliminary point of law by Court
Exclusion agreements affecting rights under sections 37 and 38
Power to set aside award
Court may remit matter for reconsideration
Removal of arbitrator or umpire
Party not prevented from alleging that arbitrator appointed by that party is not impartial, suitable or competent
Delay in prosecuting claims
General power of the Court to make interlocutory orders
Extension of time
Power to impose terms on orders etc
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PART 6 - GENERAL PROVISIONS AS TO ARBITRATION
Authority of arbitrator or umpire
Liability of arbitrator or umpire
Death of party
Power to stay court proceedings
Interpleader
Effect of Scott v Avery clauses
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PART 7 - MISCELLANEOUS
Service of notices
Supreme Court rules
Regulations