International Commercial Arbitration Sub-area NPA logo with link NPA logo with link

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:

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.

Practice Notes

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.

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:

Forms:
  • Form 50 - Originating application for order in terms of arbitration
  • Form 59 - Affidavit
Rules:
Notes
  • Must be accompanied by a copy of the arbitration agreement and a copy of the award
  • An application for an order in the terms of the award may be made without notice (ex parte)

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:

Forms:
  • Form 51 - Originating application for stay of a proceeding under the International Arbitration Act
  • Form 59 - Affidavit
Rules:
Notes
  • Must be accompanied by a copy of the arbitration agreement

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:

Forms:
  • Form 52 - Originating application to enforce a foreign award under the International Arbitration Act
  • Form 59 - Affidavit
Rules:
Notes
  • If registered, the award:
    • has the force and effect of an order of the Court
    • accrues interest
  • An application to register an award may be made without notice (ex parte)

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:

Forms:
  • Form 52 - Originating application to enforce a foreign award under the International Arbitration Act
  • Form 59 - Affidavit
Rules:
Notes
  • Must be accompanied by the following documents (refer to s 9 of the International Arbitration Act)
    • A duly authenticated award or duly certified copy
    • The original arbitration agreement under which the award purports to be made (or a duly certified copy)
  • If a document or part of a document is in a language other than English, a translation will be required, together with a certification that it is a correct translation.

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:

Forms:
  • Form 53 - Originating application for relief under Model Law
  • Form 59 - Affidavit
Rules:

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:

Forms:
  • If a arbitral proceeding has not been started: Form 56 - Originating application under s 23A of the International Arbitration Act together with a Form 59 - Affidavit
  • If a arbitral proceeding has been started: an Interlocutory application in that proceeding
Rules:

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)

by filing:

Forms:
  • If a arbitral proceeding has not been started: Form 57 - Originating application under s 23F or s 23G of the International Arbitration Act together with a Form 59 - Affidavit
  • If a arbitral proceeding has been started: an Interlocutory application in that proceeding
Rules:


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:

Forms:
  • Form 58 - Originating application to enforce an award under s 35(4) of the International Arbitration Act
  • Form 59 - Affidavit

Rules:

Note:

  • An application for enforcement of an award may be made without notice (ex parte)


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:

Forms:
  • Form 54 - Application for a subpoena under the International Arbitration Act
  • A draft subpoena in accordance with one of the following forms:
        • Form 55A - Subpoena to attend for examination
        • Form 55B - Subpoena to produce documents
        • Form 55C - Subpoena to attend for examination and produce documents

Rules:

Latest Judgments

  • 12 Nov 2018: Obeid v Australian Competition and Consumer Commission [2018] FCA 1713
    PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge dismissed application for interim suppression order - orders of primary judge not attended by sufficient doubt to warrant grant of leave to appeal - application dismissed
    Judge: Jagot J
  • 9 Nov 2018: Australian Securities and Investments Commission v Westpac Banking Corporation (No 3) [2018] FCA 1701
    CORPORATIONS - Pecuniary penalty - declarations of contraventions - compliance program - bank bill market - trading in prime bank bills - Bank Bill Swap Reference rate (BBSW) - bank accepted bill futures - interest rate swaps - cross-currency swaps - market manipulation - artificial price in traded BBSW referenced products - financial market -…
    Judge: Beach J
  • 24 Oct 2018: Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607
    PRACTICE AND PROCEDURE - consideration of the final form of the relief to be granted arising out of the trial of the separate questions consequent upon the Judgment published in relation to the separate questions described as Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479
    Judge: Greenwood J
  • 28 Sep 2018: Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1472
    COMPETITION - collusive arrangement - exclusive dealing - admitted contraventions of ss 47 and 76 of the Competition and Consumer Act 2010 (Cth) - enforcement and remedies - application for agreed declarations, pecuniary penalties and non-punitive orders - whether proposed declarations, penalties and orders appropriate - consideration of…
    Judge: Logan J
  • 28 Sep 2018: Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479
    PRIMARY INDUSTRY – consideration of the regulatory arrangements established under the National Measurement Act 1960 (Cth) concerning the approval of a pattern (design) for a milk flowmetering system for the accurate measurement of the transfer of milk from the refrigerated vat on a dairy farm to a transport tanker and from the tanker to the…
    Judge: Greenwood Acj
  • 20 Aug 2018: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243
    PRACTICE AND PROCEDURE - whether the Court should make an order pursuant to ss 37AE, 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth) suppressing part of the Court's Reasons for Judgment in support of a final order dismissing the whole of the present proceeding on the ground that such an order is necessary to prevent prejudice to the …
    Judge: Foster J
  • 13 Aug 2018: Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221
    PRACTICE AND PROCEDURE - mandatory interlocutory injunction - competition law - intermodal and steel rail linehaul services - interstate market - Queensland market - principal understanding - provisions with purpose or likely effect of substantially lessening competition - acquisition or control of Queensland rail terminal - contraventions of ss…
    Judge: Beach J
  • 13 Aug 2018: Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1169
    COMPETITION - collusive arrangement - exclusive dealing - third respondent admitted to contraventions of ss 45 and 47 of the Competition and Consumer Act 2010 (Cth) - seventh respondent admitted to being directly and knowingly concerned in third respondent's contraventions within meaning of s 76(1)(e) of the Act - enforcement and remedies -…
    Judge: Gleeson J
  • 13 Aug 2018: Australian Competition and Consumer Commission v Oakmoore Pty Ltd (No 2) [2018] FCA 1170
    COMPETITION - collusive arrangement - exclusive dealing - second respondent admitted to contraventions of s 47 of the Competition and Consumer Act 2010 (Cth) - sixth respondent admitted to being directly and knowingly concerned in third respondent's contraventions within meaning of s 75B(1)(c) of the Act - enforcement and remedies - application…
    Judge: Gleeson J
  • 6 Jul 2018: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019
    COMPETITION - cartel conduct - whether the corporate respondents made a contract or arrangement or arrived at an understanding containing a cartel provision in respect of the application process for exploration licences for coal in the Mt Penny and Glendon Brook areas of NSW - whether, in the circumstances, the corporate respondents were…
    Judge: Foster J

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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.