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International Arbitration Act 1974
No. 136, 1974
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Attorney-General's Department
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C2022C00086 C14
18 February 2022
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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
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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
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Part III—International Commercial Arbitration
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Division 1—Preliminary
15 Interpretation
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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
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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
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Division 4—Miscellaneous
28 Immunity
29 Representation in proceedings
30A Severability
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Part IV—Application of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
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Division 1—Preliminary
31 Interpretation
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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
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Division 3—Miscellaneous
36 Evidence relating to Investment Convention
37 Representation in proceedings
38 Judiciary Act
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
