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Arbitration agreements and proceedings in Australia

The UNCITRAL Model Law and the Arbitration Act 1986 (NZ)

The Arbitration Act 1996 (NZ) applies the UNCITRAL ('United Nations Commission on International Trade Law') Model Law on International Commercial Arbitration (the "Model Law") and the 36 Articles that comprise the Model Law (please click here for a copy of the Model Law in PDF). The Act achieves this application through section 6 and Schedules 1 and 2 of the Act.

UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

Part One

Chapter I. General provisions

Article 1. Scope of application

Article 2. Definitions and rules of interpretation

Article 2A. International origin and general principles

Article 3. Receipt of written communications

Article 4. Waiver of right to object

Article 5. Extent of court intervention

Article 6. Court or other authority for certain functions of arbitration assistance and supervision

Chapter II. Arbitration agreement

Article 7. Option I Definition and form of arbitration agreement

Article 7. Option II Definition of arbitration agreement

Article 8. Arbitration agreement and substantive claim before court

Article 9. Arbitration agreement and interim measures by court

Chapter III. Composition of arbitral tribunal

Article 10. Number of arbitrators

Article 11. Appointment of arbitrators

Article 12. Grounds for challenge

Article 13. Challenge procedure

Article 14. Failure or impossibility to act

Article 15. Appointment of substitute arbitrator

Chapter IV. Jurisdiction of arbitral tribunal

Article 16. Competence of arbitral tribunal to rule on its jurisdiction

Chapter IV A. Interim measures and preliminary orders

Section 1. Interim measures

Article 17. Power of arbitral tribunal to order interim measures

Article 17 A. Conditions for granting interim measures

Section 2. Preliminary orders

Article 17 B. Applications for preliminary orders and conditions for granting preliminary orders

Article 17 C. Specifi c regime for preliminary orders

Section 3. Provisions applicable to interim measures and preliminary orders

Article 17 D. Modification, suspension, termination

Article 17 E. Provision of security

Article 17 F. Disclosure

Article 17 G. Costs and damages

Section 4. Recognition and enforcement of interim
measures

Article 17 H. Recognition and enforcement

Article 17 I. Grounds for refusing recognition or enforcement

Section 5. Court-ordered interim measures

Article 17 J. Court-ordered interim measures

Chapter V. Conduct of arbitral proceedings

Article 18. Equal treatment of parties

Article 19. Determination of rules of procedure

Article 20. Place of arbitration

Article 21. Commencement of arbitral proceedings

Article 22. Language

Article 23. Statements of claim and defence

Article 24. Hearings and written proceedings

Article 25. Default of a party

Article 26. Expert appointed by arbitral tribunal

Article 27. Court assistance in taking evidence

Chapter VI. Making of award and termination of proceedings

Article 28. Rules applicable to substance of dispute

Article 29. Decision-making by panel of arbitrators

Article 30. Settlement

Article 31. Form and contents of award

Article 32. Termination of proceedings

Article 33. Correction and interpretation of award; additional award

Chapter VII. Recourse against award

Article 34. Application for setting aside as exclusive recourse against arbitral award

Chapter VIII. Recognition and enforcement of awards

Article 35. Recognition and enforcement

Article 36. Grounds for refusing recognition or enforcement

CIArb

Chartered Institute of Arbitrators (UK and Australia)

We have been associated with the Chartered Institute of Arbitrators (“CIArb”) since October 2011. The CIArb is located at 12 Bloomsbury Square, London.

IBA

International Bar Association

We have been a member of the International Bar Association (“IBA”) since October 2011 (War Crimes Committee and European Regional Forum).