The following Arbitration practice note Produced in partnership with Jo Delaney of Baker McKenzie and Peter McQueen of Peter McQueen provides comprehensive and up to date legal information covering:
The International Arbitration Act 1974 (IAA 1974), which is the legislative regime governing international commercial arbitration in Australia, reflects pro-arbitration and pro-enforcement policies.
IAA 1974 implements the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) without reservations.
Enforcement of foreign arbitration agreements and awards, are governed by IAA 1974, Pt II.
The Civil Law and Justice (Omnibus Amendments) Act 2015 amended IAA 1974, Pt II in respect of the enforcement of foreign arbitration agreements and awards. The amendment removed IAA 1974, s 8(4) which prevented the enforcement of arbitration awards made in countries that are not party to the New York Convention, unless the person seeking to enforce the award is domiciled or ordinarily resident in Australia or in a Convention country. This means that any arbitral award can be enforced in Australia, regardless of whether or not it is an award made under the New York Convention.
Further amendments were made to IAA 1974, s 8 in October 2018 by the Civil Law and Justice Legislation Amendment Act 2018 (Cth). The language in IAA 1974, s 8(1) and (5)(f) was amended to clarify that a foreign award is binding between the 'parties to the award' rather than the 'parties to the agreement pursuant to which the arbitration award is made'. This amendment addresses conflicting decisions
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.