Commercial Arbitration Amendment Bill 1997

Bill No.43

The purpose of this Bill is to bring Western Australia’s Commercial Arbitration Act 1985 into line with similar legislation in other States by adopting amendments that have been enacted in other jurisdictions. The amendments include -
      • clarifying that a reference to an "arbitrator" in the Act extends to all arbitrators;
      • extending and rephrasing existing provisions dealing with the representation of parties in arbitration proceedings;
      • amending the provisions of the principal Act dealing with the consolidation of arbitration proceedings;
      • replacing section 34(6) of the Act with a provision requiring an arbitrator or umpire, when exercising the discretion to award costs, to take into account both the fact that an offer of compromise has been made and the terms of that offer;
      • inserting a new provision in section 38 dealing with judicial review of awards in relation to the granting of leave to a party to an appeal on a question of law;
      • altering section 46 provisions relating to delay in prosecuting claims that are subject to alteration;
      • repealing provisions of the Act dealing with the recognition of foreign awards and agreements;
      • amending section 61(1)(b) dealing with the making of rules of court by the Supreme Court for the purpose of carrying the Act into effect.

StatusAssented to 12/09/1997
This Act came into operation on Royal Assent - Royal Assent given 9 Dec 1997 as Act No. 43 of 1997

Current Bill


Inactive hide details for Previous Versions of this BillPrevious Versions of this Bill


Legislative Assembly DateNote No.Related Documents
First Reading 11/13/1997  
Second Reading 11/13/1997 1 
Second Reading Speech   
Second Reading Agreed 11/25/1997  
Third Reading 11/25/1997  

Legislative Council DateNote No.Related Documents
Introduced 09/17/1997  
First Reading 09/17/1997  
Second Reading 09/17/1997 1 
Second Reading Speech   
Second Reading Agreed 11/11/1997  
Committee of the whole 11/11/1997  
Amendments adopted 11/11/1997  
Third Reading 11/11/1997  

1. Bill accompanied by explanatory notes.