Going to Australia to arbitrate your international commercial disputes

Arbitrate Australia

Country:

  • Australia

Overview:

  • Australia is an international arbitration friendly country

Australian International Commercial Arbitration Legislation:

  • Australia has its own domestic legislation (lex arbitri) for the regulation of international commercial arbitration
  • The Australian lex arbitri is the International Arbitration Act 1974

UNCITRAL Model Law:

  • The Australian International Arbitration Act 1974 adopted the Model Law as a Schedule verbatim (see sections 2D and 16, and Schedule 2)
  • The Australian International Arbitration Act 1974 is otherwise comprised of stand-alone provisions relating to arbitration

UNCITRAL International Arbitrations Rules:

  • There is no restriction in Australia in respect to the application of these rules

Enforcement of International Commercial Arbitration Awards:

  • Australia ratified the United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Australia made no reservations (See the Australian International Arbitration Act 1974 , section 2D “Objects of this Act” and “Part II—Enforcement of foreign awards”)

Australian International Commercial Arbitration Institutions:

Australian International Commercial Arbitration Venues

Australian International Commercial Arbitration Rules:

Other International Commercial Arbitration Institutions:

  • There is no restriction in Australia in respect to foreign international arbitration institutions conducting international commercial arbitrations in Australia (see Article 11 of the Model Law, as adopted by the International Arbitration Act 1974)

Other International Commercial Arbitration Rules:

  • There is no restriction in Australia in respect to the application of foreign international commercial arbitration rules (see Article 19 of the Model Law, as adopted by the International Arbitration Act 1974)

International Commercial Arbitration Guidelines:

  • There is no restriction in Australia in respect to the use of foreign international commercial arbitration guidelines – for example, International Bar Association (IBA) Guidelines, Chartered Institute of Arbitrators Guidelines, UNCITRAL Notes, etc (see Article 19 of the Model Law, as adopted by the International Arbitration Act 1974)

Place (or seat) of arbitration:

  • Australia is comprised of States and Territories, each having its own laws. This means that the seat of the arbitration cannot be Australia per se. Instead, the seat of the arbitration must be within one of the States and Territories (see also Australian International Arbitration Act 1974, sections 18(3) and 21)
  • Otherwise, there is no restriction in Australia in respect to the place or seat of the arbitration (see Article 20 of the Model Law, as adopted by the International Arbitration Act 1974)

Substantive Law:

  • There is no restriction in Australia in respect to the rules applicable to substance of dispute (see Article 28 of the Model Law, as adopted by the International Arbitration Act 1974)

Representation:

  • Section 29(2) of the International Commercial Arbitration Act 1974 permits a party to be represented by qualified legal practitioners from any legal jurisdiction of that party’s choice or any other person of that party’s choice. This means that legal practitioners from a parties’ home country can represent that party in an international commercial arbitration in Australia. This provision saves time and money otherwise spent instructing Australian lawyers to represent parties from other countries

Useful Links:

New Zealand

Contact details

Telephone: 0508 899 721
Facsimile: 0508 899 723

Suite 25
Floor G
Panama House
22 Panama Street
Wellington 6011
New Zealand