New South Wales Arbitration Agreement Form (Page 4 of 5) in pdf

New South Wales Arbitration Agreement Form Page 4

ARBITRATION AGREEMENT NOTES

Agreements governing commercial relationships between parties

often contain Dispute Resolution Clauses. Arbitration in New South

Wales is generally under the Commercial Arbitration Act 2010 (NSW).

For that Act to apply there must be an arbitration agreement in writing

which may take the form of an arbitration clause in a contract or in the

form of a separate agreement.

The Arbitrator is not generally a party to an arbitration agreement.

An arbitration agreement generally precedes the appointment of an

arbitrator. The arbitrator will specify the terms on which he is prepared

to accept a reference.

The arbitration agreement following, nevertheless, includes

provision for the arbitrator’s fees.

The Commercial Arbitration Act 2010 (NSW) deals with the

conduct of arbitrations and should be considered by the parties carefully.

Generally, and subject to that Act, the parties are free to agree on

the procedure, including interim procedures, to be followed by arbitrators

and the parties in the conduct of arbitration proceedings.

New South Wales Arbitration Agreement Form Page 4