The following Arbitration practice note Produced in partnership with Jo Delaney of Baker McKenzie 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 IAA, section 7 are more complex
**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
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.