Australia

The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: Yes (with amendments as adopted in 2006).

  • Legal Provisions: Australia distinguishes between international and domestic arbitrations. For international arbitration, the applicable law is the International Arbitration Act 1974. For domestic arbitrations, the Commercial Arbitration Acts govern.

Arbitral Institutions

  • Australian Centre for International Commercial Arbitration (ACICA) 

  • Australian Disputes Centre (ADC)

  • Resolution Institute

  • Perth Center for Energy and Resources Arbitration (PCERA)

  • ICC Australia

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 26 March 1975); reservations: none.

  • ICSID Convention: Yes (ratification: 2 May 1991; entry into force: 1 June 1991).

  • Energy Charter Treaty: Yes (ratification/accession: pending); provisional application of Part VII.

 

Last updated February 2019