Peter McQueen

This Practice Note considers 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 Practice 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.

This Practice Note considers how foreign (international) arbitral awards are recognised and enforced in Australia. The Practice covers the recognition and enforcement of foreign arbitral awards, the legislative scheme and objects of the Australian International Arbitration Act 1974 and the issue of public policy. The Practice Note also demonstrates the pro-enforcement stance of the Australian courts.