Arbitration in Australia—an introduction to the International Arbitration Act 1974
Produced in partnership with Peter McQueen and Jo Delaney of Baker McKenzie (Sydney)
Arbitration in Australia—an introduction to the International Arbitration Act 1974

The following Arbitration guidance note Produced in partnership with Peter McQueen and Jo Delaney of Baker McKenzie (Sydney) provides comprehensive and up to date legal information covering:

  • Arbitration in Australia—an introduction to the International Arbitration Act 1974
  • The objects of IAA 1974
  • The Model Law covers the field
  • Arbitration agreement
  • Separability of the arbitration agreement and Kompetenz-Kompetenz
  • Opt-in and opt-out provisions
  • Arbitrators
  • Interim measures
  • Mandatory rules
  • Court assistance
  • more

The International Arbitration Act 1974 (IAA 1974), which is the legislative regime governing international commercial arbitration in Australia, implements:

  1. the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) without reservations (Sch 1)

  2. the United Nations Commission on International Trade Law (UNCITRAL) Model Law 1985 as amended in 2006 (the Model Law) (Sch 2)

  3. the International Centre for Settlement of Investment Disputes (ICSID) Convention (Sch 3)

The provisions of IAA 1974, which reflect pro-arbitration and pro-enforcement policies, apply to all international arbitral proceedings which have an Australian seat and to the recognition and enforcement of foreign arbitral awards. IAA 1974 was amended in 2015 following the Civil Law and Justice (Omnibus Amendments) Act 2015. Further amendments were made in October 2018 by the Civil Law and Justice Legislation Amendment Act 2018 (Cth) (2018 Amendments). This Practice Note incorporates those amendments (where relevant).

IAA 1974, Pt II (ss 3–14) relates to the recognition and enforcement of foreign awards. IAA 1974, Pt III (ss 15–30A) relates to international commercial arbitration. IAA 1974, Pt IV (ss 31–38) relates to the application of the ICSID.

The Federal Court of Australia Practice Note relating to proceedings under IAA 1974 is Practice Note ARB1, which should be read in conjunction with Division 28.5 of the Federal Court Rules 2011—see here.

Note: all Australian judgments referred