Originally from:
Arbitration in Asia - 2nd Edition - Looseleaf
Arbitration in Asia - 2nd Edition - Electronic
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Australia and New Zealand
Michael Pryles
[1] INTRODUCTION
[1.1] Background
Australia
The Arbitration (Foreign Awards and Agreements) Act 1974 incorporated into Australian law the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the ‘New York Convention’). This ensured that Australia was obliged to recognise and enforce foreign arbitration agreements and foreign arbitral awards.
The Act was re-titled the International Arbitration Act (‘IAA’) in 1988 when it was amended to implement the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the ‘Model Law’) on International Commercial Arbitration as well as other minor provisions to facilitate arbitral proceedings.
Further amendments followed in 1990 when a new part and a new schedule were inserted in order to ratify the Convention on the Settlement of Investment disputes between States and Nationals of other States (ICSID or the Washington Convention’). Adoption of the Washington Convention provided a mechanism for settlement, by means of conciliation and arbitration, of investment disputes between a State party to the Convention or any constituent sub-division or agency of that State, and investors from other party States. The ratification of the Washington Convention provided a further important step in advancing the Australian government’s objective of developing the country’s role in international commercial dispute resolution.
The IAA, thus, implements in Australia three international Conventions and laws dealing with international commercial arbitration. There have been no significant amendments to the IAA since 1990. However, the common law has continued to develop and significant developments have been noted in the following chapter.
PART Q
Australia and New Zealand
Michael Pryles
______________________________________________________
Contents
[1] INTRODUCTION
[1.1] Background
Australia
New Zealand
[2] LEGISLATION
Australia
New Zealand
[3] ARBITRATION AGREEMENTS
Australia
New Zealand
[3.1] Domain of arbitration
Australia
New Zealand
[3.2] Severability of the arbitral clause
Australia
New Zealand
[3.3] Enforcement of the arbitration agreement
Australia
New Zealand
[4] ARBITRATORS AND THE ARBITRAL TRIBUNAL
Australia
New Zealand
[5] ARBITRATION PROCEDURE
[5.1] Place of arbitration
Australia
New Zealand
[5.2] Law governing the arbitral proceedings
Australia
New Zealand
[5.3] Procedure
Australia
New Zealand
[5.3.1] Evidence
Australia
New Zealand
[5.3.2] Representation in proceedings
Australia
[5.3.3] Experts
Australia
New Zealand
[5.3.4] Confidentiality
Australia
New Zealand
[5.3.5] Consolidation of arbitral proceedings
Australia and New Zealand
[5.3.6] Law applicable to the substance of the dispute
Australia
[5.3.6.1] Common law
[5.3.6.2] Under the Model Law
[5.3.6.3] Transnational rules (lex mercatoria)
New Zealand
[5.3.7] Amiable composition
Australia
New Zealand
[6] AWARDS
[6.1] Form and content of award
Australia
New Zealand
[6.2] Making of the award
Australia
New Zealand
[6.3] Decision by a majority of arbitral members
Australia
New Zealand
[6.4] Default awards
Australia
New Zealand
[6.5] Settlement
Australia
New Zealand
[6.6] Correction and interpretation of the award
Australia
New Zealand
[6.7] Additional awards
Australia
New Zealand
[6.8] Fees and costs
Australia
New Zealand
[7] JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Interim measures of protection
Australia
New Zealand
[7.2] Courts
Australia
New Zealand
[8] RECOGNITION AND ENFORCEMENT OF FOREIGN AWARDS
[8.1] Recognition and enforcement
Australia
New Zealand
[8.2] Defences to the enforcement of an award
Australia
[8.2.1] Incapacity
[8.2.2] Invalidity of the arbitration agreement
[8.2.3] Lack of notice or inability to present a case
[8.2.4] Award outside submission
[8.2.5] Improper composition of the arbitral authority or
improper arbitral procedure
[8.2.6] Award set aside or not yet binding
[8.2.7] Subject matter not arbitrable under the lex fori
[8.2.8] Enforcement contrary to public policy
[8.2.9] Adjournment where there is an application to set aside the
award at the seat
New Zealand
[8.3] Interim awards
Australia
[9] PRACTICAL INFORMATION
[9.1] Arbitral institutions
Australia
New Zealand
[9.2] Tax Issues for foreign arbitrators
[9.3] Visa requirements for arbitrators working in Australia
[10] APPENDICES (on CD)
[10.1] (Australia) International Arbitration Act 1974
[10.2] (New Zealand) Arbitration Act 1996
(includes Geneva and New York Conventions)
Michael Pryles is the Chairman of the Singapore International Arbitration Center (SIAC), former President of the Australian Centre for International Commercial Arbitration, a Member of ICCA, a Court Member of the LCIA and is Co-Chair of the ICC Asia Arbitration Commission. Mr. Pryles was the foundation President of APRAG.
