Arbitration in Australasia

Arbitration in Australia

Arbitration—Australia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Australia published as part of the Lexology Panoramic by Law Business Research (published: July 2022). See Practice Note: Arbitration—Australia—Q&A guide.

Arbitration in Australia—an introduction to the International Arbitration Act 1974

This Practice Note discuss the Australian International Arbitration Act 1974 (IAA 1974), highlighting some of its key provisions and its relationship with other arbitral regimes such as the UNCITRAL Model Law. The note covers the objects of IAA 1974, the position on the arbitration agreement, separability and competence, opt-in and opt-out provisions, arbitrators, mandatory rules, court assistance, confidentiality, awards, challenge of awards, and representation in proceedings. The Practice Note also covers jurisprudence relating to the constitutionality of IAA 1974. See Practice Note: Arbitration in Australia—an introduction to the International Arbitration Act 1974.

Arbitration in Australia—recognition and enforcement of foreign awards

This Practice Note sets out how foreign arbitral awards are recognised and enforced in Australia. It covers the recognition and enforcement of foreign arbitral awards, the legislative scheme and objects of the International Arbitration Act 1974 and the issue of public

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Latest Arbitration News

Ciarb publishes new guidelines on third-party funding in arbitration

The Chartered Institute of Arbitrators (Ciarb) has published comprehensive guidelines on third-party funding (TPF) in arbitration. The guidelines provide detailed frameworks for TPF arrangements, covering funding processes, disclosure requirements, conflicts of interest, security for costs applications and costs recovery. The document aims to assist arbitration practitioners in understanding both commercial aspects of funding arrangements and procedural considerations when handling funded arbitrations. The guidelines address recent developments in TPF practice while providing practical direction for parties, counsel and tribunals.

Hong Kong court found Notice of Arbitration by SMS Sufficient (CCC v AAC)

Arbitration analysis: In CCC v AAC, the Hong Kong Court of First Instance dismissed the respondent’s application to set aside an ex parte order granting leave to the applicant to enforce an arbitral award made online by the Hong Kong Arbitration Society (HKAS). The court held that no clear basis of fraudulent act by the applicant was found and the expedited nature of online arbitration in the present case did not amount to a denial of due process. Further, on evidence, the court found that the respondent had proper notice of the proceedings and, by agreeing to arbitration under the HKAS Online Arbitration Rules (HKAS Online Rules), had accepted SMS as a valid method of serving notice of arbitration. The court also discussed, in obiter dictum, the importance of notice in online arbitration, particularly in the context of moneylending transactions. Written by Min Li, partner at Reed Smith Richards Butler LLP and Patrick Chong, associate at Reed Smtih Richards Butler LLP.

FIFA announces launch of Football Jurisprudence Database

FIFA has announced the launch of the Football Jurisprudence Database, a public digital platform providing access to football-related legal decisions from the Court of Arbitration for Sport (CAS) and the Swiss Federal Tribunal (SFT). The database covers cases from 2002 onwards and includes search functionality by procedure, topic, year, outcome, arbitrators and applicable regulations. It is designed to support legal research and analysis by enabling users to explore decisions that have shaped football governance. FIFA stated that football disputes represent over 72% of CAS cases and that the database forms part of its broader transparency and legal education initiatives.

Fourth Colombia Arbitration Week scheduled for 22-23 September 2025

The Colombian Very Young Arbitration Practitioners (COLVYAP), in collaboration with the Universidad de los Andes Law Faculty, will host the fourth Colombia Arbitration Week (CAW) on 22–23 September 2025. The in-person event will feature panels with experts from both the Colombian and international arbitration communities, discussing current challenges and future prospects for arbitration in Colombia and across Latin America.