In May 2010, the Standing Committee of Attorneys-General (SCAG) agreed to implement a model Commercial Arbitration Bill 2010 (the model Bill) to modernise and update the uniform Commercial Arbitration Acts operating in all States and Territories. The model Bill has been implemented in New South Wales and is expected to be introduced in most other States and Territories in the first half of 2011.

Following the implementation of the model Bill in New South Wales, SCAG Ministers agreed to conduct further consultation on section 27D of the model Bill. Section 27D relates to the power of an arbitrator to act as a mediator, conciliator or other non-arbitral intermediary. The issues paper outlines some of the issues raised by stakeholders in relation to the formulation of section 27D.

For a word copy of the issues paper click here

For a PDF copy of the issues paper click here

Stakeholders are invited to comment on section 27D of the model Bill, its formulation and any related matters. Stakeholders are also invited to provide suggested amendments or an alternative formulation for the provision.

Submissions will be made public unless otherwise requested.

The closing date for submissions is 30 April 2011. Submissions should be sent to:

Mr Laurie Glanfield
Secretary, Standing Committee of Attorneys-General
NSW Department of Justice and Attorney General
GPO Box 6
SYDNEY NSW 2000

Fax: (02) 8061 9370

Email: lpd_enquiries@agd.nsw.gov.au