ABSTRACT

This question is very straightforward and simply tests the candidate’s knowledge of this important piece of legislation. In answering it, candidates should be aware of the changes introduced by the Act; essentially, the shift from a court based system to a voluntary, party based system, and should be able to provide a clear analysis of the major statutory provisions. An explanation of the reasons for the change and its origin would also be beneficial. The following structure would provide a framework for answering the question adequately:

• introduction – principles behind and reasons for the Act; • freedom of the parties to choose what suits them best; • arbitrators and their powers; • role and powers of the court.