International and Domestic Commercial Arbitration

Background

The 1985 UNCITRAL Model Law on International Commercial Arbitration as revised in 2006 (the Model Law), is the basis for international and commercial arbitration law in Australia.  The relevant legislation for international arbitration law is the International Arbitration Act 1974 (Cth) (the Act).  Section 16 of the Act provides the Model Law to have the force of law in Australia.

Domestically, the legislation is also based on the Model Law and each State is individually responsible for arbitrations in their jurisdictions.

While discussion has commenced as to the harmonisation of international and domestic commercial arbitration by the Council of Chief Justices of Australia and New Zealand (Council), at present, no harmonised rules or practice directions have been adopted.

 Justice Jagot, in her report to the Council of Chief Justices dated 2 March 2021, advised that she had, on behalf of the Harmonisation of Rules Committee, contacted the Secretary General for the Australian Centre for International Commercial Arbitration (ACICA). The Committee intends to cooperate with the ACICA on the harmonisation of court rules once the Judicial Liaison Committee of ACICA prepares its working paper on the prospects of harmonising court rules and practice notes.

Arbitration legislation

At present, the commercial arbitration legislation in Australian jurisdictions, and of the High Court of New Zealand is as follows: 

Practice Notes

The practice notes relating to commercial arbitration are indicated below for the jurisdictions: