Australian Law

ARBITRATION IN AUSTRALIA

By Peter Wood, Phillip Greenham and Roman Rozenberg, Minter Ellison

Arbitration in Australia

Table of Contents

1. 2.

Overview and historical background Scope of application and general provisions of the Australian Arbitration Act 2.1 Scope of application 2.2 General principles The arbitration agreement 3.1 Formal requirements 3.2 Applicable rules 3.3 Separability 3.4 Legal consequences of a binding arbitration agreement Composition of the arbitral tribunal 4.1 Constitution of the arbitral tribunal 4.2 Procedure for challenging and substituting arbitrators 4.3 Arbitration fees 4.4 Arbitrator immunity Jurisdiction of the arbitral tribunal 5.1 Competence to rule on jurisdiction 5.2 Power to order interim measures Conduct of proceedings 6.1 Common law tradition 6.2 Commencement of arbitration 6.3 Seat, place of hearings and language of arbitration 6.4 Multi-party issues 6.5 Submissions 6.6 Oral hearings and written proceedings 6.7 Evidence generally 6.8 Appointment of experts 6.9 Confidentiality

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CMS Guide to Arbitration, Vol I

7.

Making of the award and termination of proceedings 7.1 Choice of law 7.2 Timing, form, content and notification of an award 7.3 Settlement 7.4 Power to award costs and interest 7.5 Termination 7.6 Effect of the award 7.7 Correction, clarification and issue of a additional award 7.8 Remedies Role of the courts 8.1 Jurisdiction of the courts 8.2 Stay of court proceedings and preliminary rulings on jurisdiction 8.3 Interim protective measures 8.4 Obtaining evidence and other court assistance Challenging and appealing an award before the courts 9.1 Jurisdiction of the courts 9.2 Appeals 9.3 Applications to set aside an award Recognition and enforcement of awards 10.1 Domestic awards 10.2 Foreign awards Special provisions and considerations 11.1 Sources of further information Conclusions Contacts

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