AUSTRALIA

INTERNATIONAL ARBITRATION ACT 1974

ACT NO. 136 of 1974 as amended

TABLE OF CONTENTS

PART I PRELIMINARY

1 Short title of Principal Act

2 Commencement

2A Territories

2B Crown to be bound

2C Carriage of goods by sea

PART II ENFORCEMENT OF FOREIGN 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 to the Department of Foreign Affairs

and Trade

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 specified for purposes of Article 6 of Model Law

19 Articles 34 and 36 of Model Law—public policy

20 Chapter VIII of Model Law not to apply in certain cases

21 Settlement of dispute otherwise than in accordance with Model Law

Division 3 Optional provisions

22 Application of optional provisions

23 Orders under Article 17 of the Model Law

24 Consolidation of arbitral proceedings

25 Interest up to making of award

26 Interest on debt under award

27 Costs

Division 4 Miscellaneous

28 Liability of arbitrator

29 Representation in proceedings

30 Application of Part

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

SCHEDULE 1 United Nations Conference on International Commercial

Arbitration Convention on the Recognition and

Enforcement of Foreign Arbitral Awards

(See New York Convention file.)

SECTION 3

Articles I-XVI

SCHEDULE 2 UNCITRAL Model Law on International Commercial

Arbitration (as adopted by the United Nations

Commission on International Trade Law on 21 June

1985) (See UNCITRAL MODEL LAW file.)

SUBSECTION 15 (1)

CHAPTER I GENERAL PROVISIONS

Article 1. Scope of application

Article 2. Definitions and rules of interpretation

Article 3. Receipt of written communications

Article 4. Waiver of right to object

Article 5. Extent of court intervention

Article 6. Court or other authority for certain functions of arbitration

assistance and supervision

CHAPTER II ARBITRATION AGREEMENT

Article 7. Definition and form of arbitration agreement

Article 8. Arbitration agreement and substantive claim before court

Article 9. Arbitration agreement and interim measures by court

CHAPTER III COMPOSITION OF ARBITRAL TRIBUNAL

Article 10. Number of arbitrators

Article 11. Appointment of arbitrators

Article 12. Grounds for challenge

Article 13. Challenge procedure

Article 14. Failure or impossibility to act

Article 15. Appointment of substitute arbitrator

CHAPTER IV JURISDICTION OF ARBITRAL TRIBUNAL

Article 16. Competence of arbitral tribunal to rule on its jurisdiction

Article 17. Power of arbitral tribunal to order interim measures

CHAPTER V CONDUCT OF ARBITRAL PROCEEDINGS

Article 18. Equal treatment of parties

Article 19. Determination of rules of procedure

Article 20. Place of arbitration

Article 21. Commencement of arbitral proceedings

Article 22. Language

Article 23. Statements of claim and defence

Article 24. Hearings and written proceedings

Article 25. Default of a party

Article 26. Expert appointed by arbitral tribunal

Article 27. Court assistance in taking evidence

CHAPTER VI MAKING OF AWARD AND TERMINATION OF

PROCEEDINGS

Article 28. Rules applicable to substance of dispute

Article 29. Decision-making by panel of arbitrators

Article 30. Settlement

Article 31. Form and contents of award

Article 32. Termination of proceedings

Article 33. Correction and interpretation of award; additional award

CHAPTER VII RECOURSE AGAINST AWARD

Article 34. Application for setting aside as exclusive recourse against

arbitral award

CHAPTER VIII RECOGNITION AND ENFORCEMENT

OF AWARDS

Article 35. Recognition and enforcement

Article 36. Grounds for refusing recognition or enforcement

Explanatory Note by the UNCITRAL Secretariat on the Model Law on International

Commercial Arbitration

A. Background to the Model Law

1. Inadequacy of domestic laws

2. Disparity between national laws

B. Salient features of the Model Law

1. Special procedural regime for international commercial arbitration

2. Arbitration agreement

3. Composition of arbitral tribunal

4. Jurisdiction of arbitral tribunal

5. Conduct of arbitral proceedings

6. Making of award and termination of proceedings

7. Recourse against award

8. Recognition and enforcement of awards

SCHEDULE 3 Convention on the Settlement of Investment Disputes

between States and Nationals of Other States

Subsection 31 (1)

PREAMBLE

CHAPTER I INTERNATIONAL CENTRE FOR SETTLEMENT OF

INVESTMENT DISPUTES

SECTION 1 Establishment and Organization

Article 1

Article 2

Article 3

SECTION 2 The Administrative Council

Article 4

Article 5

Article 6

Article 7

Article 8

SECTION 3 The Secretariat

Article 9

Article 10

Article 11

SECTION 4 The Panels

Article 12

Article 13

Article 14

Article 15

Article 16

SECTION 5 Financing the Centre

Article 17

SECTION 6 Status, Immunities and Privileges

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

CHAPTER II JURISDICTION OF THE CENTRE

Article 25

Article 26

Article 27

CHAPTER III CONCILIATION

SECTION 1 Request for Conciliation

Article 28

SECTION 2 Constitution of the Conciliation Commission

Article 29

Article 30

Article 31

SECTION 3 Conciliation Proceedings

Article 32

Article 33

Article 34

Article 35

CHAPTER IV ARBITRATION

SECTION 1 Request for Arbitration

Article 36

SECTION 2 Constitution of the Tribunal

Article 37

Article 38

Article 39

Article 40

SECTION 3 Powers and Functions of the Tribunal

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

SECTION 4 The Award

Article 48

Article 49

SECTION 5 Interpretation, Revision and Annulment of the Award

Article 50

Article 51

Article 52

SECTION 6 Recognition and Enforcement of the Award

Article 53

Article 54

Article 55

CHAPTER V REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND ARBITRATORS

Article 56

Article 57

Article 58

CHAPTER VI COST OF PROCEEDINGS

Article 59

Article 60

Article 61

CHAPTER VII PLACE OF PROCEEDINGS

Article 62

Article 63

CHAPTER VIII DISPUTES BETWEEN CONTRACTING STATES

Article 64

CHAPTER IX AMENDMENT

Article 65-66

CHAPTER X FINAL PROVISIONS

Article 67-75

Notes to the International Arbitration Act 1974

Note 1–

Table of Acts

Table of Amendments