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Legislation to note: Model Commercial Arbitration Bill

Thu May 13 2010

The New South Wales Government has introduced the Commercial Arbitration Bill 2010, which Attorney General Hatzistergos believes will transform Australia (and Sydney in particular) into "a major player in the growing international market for commercial dispute resolution" and "lay the legislative foundations for a major expansion of the legal services sector in NSW".

The object of the Bill, as provided by the explanatory notes, is to repeal the Commercial Arbitration Act 1984 and facilitate the use of arbitration agreements to manage domestic commercial disputes by adopting the provisions of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law), taking into account the Commonwealth Act and with appropriate modifications for domestic commercial arbitration. The Bill also contains a number of additional provisions supporting the arbitration process and some optional provisions which may be used by the parties to an arbitration agreement should a dispute arise between them. These include provisions relating to assistance from the Supreme Court (or another court nominated by the parties), the consolidation of arbitral proceedings, the disclosure of confidential information and the awarding of interest and costs. The Bill also provides for the issue of subpoenas, and the recognition and enforcement of awards with respect to domestic commercial arbitrations.

View the attorney's media release >

13 May 2010

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