Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:32
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 32
Character Range: 56937–57736

32  Termination of arbitration—inability to take part
 (1) If an arbitrator determines that a party to an arbitration does not have the ability to take part in the arbitration, the arbitrator must:
 (a) terminate the arbitration; and
 (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.
 (2) For the purposes of subsection (1), a person who is a party to an arbitration does not have the ability to take part in the arbitration if:
 (a) the person does not understand the nature and possible consequences of the arbitration; or
 (b) the person is not able to:
 (i) give adequate instruction to the person's legal practitioner for the conduct of the arbitration; or
 (ii) satisfactorily appear in person in the arbitration.