The following Arbitration guidance note Produced in partnership with Jo Delaney of Baker McKenzie (Sydney) provides comprehensive and up to date legal information covering:
This Practice Note addresses the following issues:
stay of court proceedings in favour of arbitration,
granting anti-suit injunctions by the Australian courts, and
challenging the tribunal's determination on jurisdiction
Note that international arbitration in Australia is governed by the International Arbitration Act 1974 (Cth) (IAA). The IAA implements the UNCITRAL Model Law (the Model Law), which is attached at Schedule 2 to the IAA. Some provisions of the Model Law are modified by the IAA.
The IAA also implements the New York Convention which is attached at Schedule 1 to the IAA.
Note: the Australian and other international judgments referred to in this Practice Note are not reported by LexisNexis® UK.
The Australian courts have the power to stay court proceedings in favour of arbitration under:
section 7 of the IAA
Article 8 of the Model Law, and
its inherent jurisdiction (Vantage Holdings v JHC Developments Group  QSC 155)
The inherent power of the court to stay proceedings pending the outcome of an arbitration is rarely used.
Some applications for a stay rely on both section 7 of the IAA and Article 8 of the Model Law. However, most applications are made under section 7 of the IAA only.
Section 7 of the IAA provides for the enforcement of arbitration agreements by the courts. The terms of
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