Federal Court proceedings under the International Arbitration Act

Thu Dec 10 2009

The chief justice of the Federal Court has issued Practice Note ARB 1 - Proceedings under the International Arbitration Act 1974. On 7 December 2009 the International Arbitration Act 1974 (Cth) was amended to give the court jurisdiction in relation to:

(a) the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

(b) applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration for orders concerning:

  1. the appointment and termination of an arbitrator (articles 11 and 14 of the Model Law)
  2. challenges against an arbitrator on the basis that the arbitrator lacks impartiality or independence or the necessary qualifications (article 13)
  3. whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal (article 16)
  4. the setting aside of an arbitral award (article 34)

(c) the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

The Federal Court also has jurisdiction under the Act to deal with applications for an order to stay a proceeding or part of a proceeding that is before the court and which involves the determination of a matter that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties.

The Practice Note sets out the arrangements for proceedings before the court in which orders are sought under the Act. These arrangements include the appointment in each registry of an arbitration coordinating judge who has general responsibility for the management of matters under the Act.

Download copy of the Practice Note and a list of arbitration coordinating judges.

If you have any queries please contact Deputy Registrar Philip Kellow on ph: (02) 9230 8336.

10 December 2009

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