Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

INTERNATIONAL ARBITRATION ACT 1974


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title of Principal Act  
   2.      Commencement  
   2A.     Territories  
   2B.     Act binds the Crown  
   2C.     Carriage of goods by sea  
   2D.     Objects of this Act  

   PART II--ENFORCEMENT OF FOREIGN ARBITRATION AGREEMENTS AND AWARDS

   3.      Interpretation  
   7.      Enforcement of foreign arbitration agreements  
   8.      Recognition of foreign awards  
   9.      Evidence of awards and arbitration agreements  
   10.     Evidence relating to Convention  
   10A.    Delegation by Secretary of the Foreign Affairs Department  
   12.     Effect of this Part on other laws  
   13.     Judiciary Act  
   14.     Application of Part  

   PART III--INTERNATIONAL COMMERCIAL ARBITRATION

           Division 1--Preliminary

   15.     Interpretation  

           Division 2--Model Law

   16.     Model Law to have force of law  
   17.     Interpretation of Model Law--use of extrinsic material  
   18.     Courts and authorities in the Model Law  
   18A.    Article 12--justifiable doubts as to the impartiality or independence of an arbitrator  
   18B.    Article 17B--preliminary orders  
   18C.    Article 18--reasonable opportunity to present case  
   19.     Articles 17I, 34 and 36 of Model Law--public policy  
   20.     Chapter VIII of Model Law not to apply in certain cases  
   21.     Model Law covers the field  

           Division 3--Additional provisions

   22.     Application of additional provisions  
   22A.    Interpretation  
   23.     Parties may obtain subpoenas  
   23A.    Failure to assist arbitral tribunal  
   23B.    Default by party to an arbitration agreement  
   23C.    Disclosure of confidential information  
   23D.    Circumstances in which confidential information may be disclosed  
   23E.    Arbitral tribunal may allow disclosure in certain circumstances  
   23F.    Court may prohibit disclosure in certain circumstances  
   23G.    Court may allow disclosure in certain circumstances  
   23H.    Death of a party to an arbitration agreement  
   23J.    Evidence  
   23K.    Security for costs  
   24.     Consolidation of arbitral proceedings  
   25.     Interest up to making of award  
   26.     Interest on debt under award  
   27.     Costs  

           Division 4--Miscellaneous

   28.     Immunity  
   29.     Representation in proceedings  
   30A.    Severability  

   PART IV--APPLICATION OF THE CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

           Division 1--Preliminary

   31.     Interpretation  

           Division 2--Investment Convention

   32.     Application of Investment Convention to Australia  
   33.     Award is binding  
   34.     Investment Convention awards to prevail over other laws  
   35.     Recognition of awards  

           Division 3--Miscellaneous

   36.     Evidence relating to Investment Convention  
   37.     Representation in proceedings  
   38.     Judiciary Act  

   PART V--GENERAL MATTERS

   39.     Matters to which court must have regard  
   40.     Regulations  
           SCHEDULE 1 United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards
           SCHEDULE 2 UNCITRAL Model Law on International Commercial Arbitration (As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006)
           SCHEDULE 3 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback