Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p47
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 47/154)
Character Range: 328070–330742

person.
Note: Without notice is defined in the Dictionary.

28.44A  Application for referral to arbitration under article 8 of the Model Law
  An application under article 8 of the Model Law to refer parties to arbitration must be accompanied by:
 (a) a copy of the arbitration agreement; and
 (b) an affidavit stating the material facts on which the application for relief is based.

28.45  Application for relief under Model Law
 (1) A party who wants relief under article 11(3), 11(4), 13(3), 14, 16(3), 17H(3), 17I, 17J or 27 of the Model Law must file an originating application, in accordance with Form 53.
 (2) The application must be accompanied by an affidavit stating the material facts on which the claim for relief is based.

28.45A  Application to set aside award under Model Law
 (1) An application under article 34 of the Model Law to set aside an award must be made by filing an originating application, in accordance with Form 53.
 (2) The application must identify:
 (a) if the applicant relies on article 34(2)(a) of the Model Law—which subparagraph of article 34(2)(a) is relied upon; and
 (b) if the applicant relies on article 34(2)(b) of the Model Law—which subparagraph of article 34(2)(b) is relied upon; and
 (c) in any case—brief grounds for seeking the order.
 (3) The application must be accompanied by an affidavit identifying:
 (a) the detailed grounds for seeking the order; and
 (b) the material facts relied on; and
 (c) the date on which the applicant received the award or, if a request was made under article 33 of the Model Law to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.
 (4) The affidavit must be accompanied by:
 (a) a copy of the arbitration agreement; and
 (b) a copy of the award (including the reasons, if any, of the arbitral tribunal for the award).
 (5) A copy of the application and affidavit must be served on any person whose interest might be affected by the setting aside of the award.
 (6) An application by a party to the arbitration under article 34(4) of the Model Law must be made by interlocutory application in the proceeding started under subrule (1).

28.46  Subpoenas for Division 28.5
 (1) A party to an arbitral proceeding who wants the Court to issue a subpoena under section 23(3) of the International Arbitration Act (the issuing party) must file an application, in accordance with Form 54.
 (2) The application must be accompanied by:
 (a) a draft subpoena, in accordance with subrule (3); and
 (b) an affidavit stating the following:
 (i) the parties to the arbitral proceeding;
 (ii) the name of the arbitrator conducting the