International Commercial Arbitration Sub-area
About this Sub-Area
Matters arising under the International Arbitration Act 1974 (Cth) fall within the International Commercial Arbitration Sub-area, and include matters such as:
- applications to stay a Federal Court proceeding that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties
- the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) for orders concerning:
- the appointment and termination of an arbitrator
- a challenge against an arbitrator for lack of impartiality, independence or the necessary qualifications
- whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal
- assisting an arbitral tribunal to take evidence
- the setting aside of an arbitral award
- the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Proceedings concerning international commercial arbitration will generally be managed within the International Commercial Arbitration Sub-area of the Commercial and Corporations National Practice Area (NPA). However, depending on the character of the case, such proceedings may be managed within the Admiralty and Maritime NPA.
International commercial arbitration cases will be overseen and managed by National and Registry Co-ordinating Judges to ensure they are dealt with expeditiously and consistently by the Court nationally.
A dedicated group of Judges with special expertise in international commercial arbitration will be allocated these matters.
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:
|NPA Practice Note:|
NOTE: refer also to Schedule 3 of the practice note – International Commercial Arbitration Sub-area
Other practice notes which may be relevant to this Sub-area include:
|NPA Practice Notes:|| |
|General Practice Notes:|| |
Forms, Rules & Fees
Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
International arbitration under the Federal Court Rules
Division 28.5 of the Federal Court Rules 2011 (Cth) deals with international arbitration related matters under the International Arbitration Act. Under this Division, parties may apply to the Court for an order to stay an arbitration, enforce a foreign award, obtain relief under various provisions in the Model Law and obtain the issue of subpoenas and other processes in aid of an arbitration.
Division 28.5 of the Rules prescribes the procedure and forms for particular applications under the International Arbitration Act.
International arbitration applications
Relevant information about certain types of international arbitration applications, including relevant forms to file, is set out below.
1. Originating application for an order in terms of an arbitration award
A person may commence a proceeding by filing:
2. Originating application for stay of a proceeding
A party to an arbitration agreement can apply to the Court for an order under s 7 of the International Arbitration Act to stay the whole or part of a proceeding by filing:
3. Application for registration
Where a proceeding has been referred to arbitration (under rule 28.02) and an award has been made, a party may apply to the Court to register the award by filing:
4. Originating application to enforce a foreign award
A person can apply to the Court to enforce a foreign award under s 8(3) of the International Arbitration Act by filing:
5. Origination application for relief under Model Law
A party seeking relief under one of the following Articles of the UNCITRAL Model Law (set out in Schedule 2 to the International Arbitration Act may commence a proceeding by filing:
6. Originating application under s 23A of the International Arbitration Act
Where a party to arbitral proceedings commenced in reliance on an arbitration agreement fails or refuses to assist the arbitral tribunal in a manner described in s 23A(1) of the International Arbitration Act, the party can apply to the Court for an order pursuant to s 23A(3) of the International Arbitration Act, by filing:
7. Originating application under s 23F or s 23G of the International Arbitration Act
Subject to the pre-requisites to making this type of application set out in s 23F and s 23G of the International Arbitration Act, a party may apply for an order either:
- Prohibiting a party to arbitral proceedings from disclosing confidential information in relation to the proceedings (s 23F)
- allowing a party to arbitral proceedings to disclose confidential information in relation to the arbitral proceedings (s 23G)
8. Originating application to enforce an award
An award may be enforced in the Federal Court, with the leave of the Court, as if the award were a order of the Federal Court by filing:
9. Subpoena application under the International Arbitration Act
A party to an arbitral proceeding who wants the Court to issue a subpoena under s 23(3) of the International Arbitration Act must file:
- 18 Jan 2018:
SA Power Networks v Australian Competition Tribunal (No 2)  FCAFC 3
ADMINISTRATIVE LAW - consideration of an application for judicial review of a decision of the Australian Competition Tribunal to affirm a decision of the Australian Energy Regulator - whether the Tribunal erred in its construction of provisions of the National Electricity Rules relating to the determination of the cost of corporate income tax…
Judge: Besanko, Yates and Robertson JJ
- 22 Dec 2017:
Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 4)  FCA 1590
TRADE PRACTICES - competition law - restrictive trade practices - cartel conduct - whether Respondent contravened ss 44ZZRK or 45(2) of the Trade Practices Act 1974 (Cth) - where Respondent and two other manufacturers and wholesale suppliers of laundry detergent in Australia transitioned to ultra concentrated laundry detergent and ceased supplying …
Judge: Wigney J
- 21 Dec 2017:
MCG Quarries Pty Ltd v Beach  FCA 1601
PRACTICE AND PROCEDURE – Application for summary judgment; where leases included a term that was alleged to contravene the Competition and Consumer Act 2010 (Cth) by preventing the applicant supplying stone to the leasee; where it was alleged that it would have been unlawful for the applicant to supply stone by reason of their planning permit and…
Judge: Davies J
- 21 Dec 2017:
Vodafone Hutchison Australia Pty Ltd v Australian Competition Consumer Commission  FCA 1549
ADMINISTRATIVE LAW - judicial review challenge to validity of public inquiry by the Australian Competition and Consumer Commission purportedly under Pt 25 of the Telecommunications Act 1997 (Cth) into whether to declare a wholesale domestic mobile roaming service under s 152AL(3) of the Competition and Consumer Act 2010 (Cth) - whether…
Judge: Griffiths J
- 18 Dec 2017:
Chief Executive Officer of Australian Transaction Reports and Analysis Centre v TAB Limited (No 4)  FCA 1532
PRACTICE AND PROCEDURE - application for suppression and non-publication order - whether order necessary to prevent prejudice to proper administration of justice - consideration of appropriate duration of order
Judge: Perram J
- 10 Nov 2017:
Australian Securities and Investments Commission v National Australia Bank Limited  FCA 1338
CORPORATIONS LAW - banking - financial services - failure to deal with financial products in an efficient, honest and fair manner - attempts to manipulate the Bank Bill Swap Reference Rate by Prime Banks - unconscionable conduct - contravention of financial services laws pursuant to Australian Securities and Investments Commission Act 2001 (Cth)…
Judge: Jagot J
- 10 Nov 2017:
Chief Executive Officer of Australian Transaction Reports and Analysis Centre v TAB Limited (No 3)  FCA 1296
STATUTES - Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) - where admitted contraventions by Respondents of statute PRACTICE AND PROCEDURE - civil penalties - whether agreed penalty appropriate in circumstances
Judge: Perram J
- 9 Nov 2017:
Port of Newcastle Operations Pty Ltd v Australian Competition and Consumer Commission  FCA 1330
PRACTICE AND PROCEDURE - application for extension of time to apply for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - consideration of prejudice to other parties in exercise of discretion - no relevant prejudice in allowing extension of time- extension of time granted ADMINISTRATIVE LAW - application for…
Judge: Jagot J
- 8 Nov 2017:
Australian Securities and Investments Commission v Westpac Banking Corporation  FCA 1331
PRACTICE AND PROCEDURE - corporations and securities - financial markets - prime bank bills - bank bill swap reference rate (BBSW) - alleged financial market manipulation concerning artificial prices - ss 1041A and 1041B of the Corporations Act 2001 (Cth) - application to amend originating process and statement of claim - application allowed
Judge: Beach J
- 1 Nov 2017:
Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 3)  FCA 1279
PRACTICE AND PROCDURE - Non-publication and suppression orders - civil penalty proceedings preceding criminal proceedings
Judge: Middleton J
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- UNCITRAL Model Law on International Commercial Arbitration
- Convention on the Settlement of Investment Disputes between States and Nationals of Other States
- Australian Centre for International Arbitration
- Australian Maritime and Transport Arbitration Commission – an ACICA Commission
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.