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:	Federal Court Rules 28.14 and 29.02
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:	Federal Court Rules 28.43(1) and 29.02
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:	Federal Court Rules 28.13, 29.02 and 39.06
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:	Federal Court Rules 28.44 and 29.02
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:	Federal Court Rules 28.41, 28.45 and 29.02

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:	Federal Court Rules 28.47 and 29.02

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:	Federal Court Rules 28.48 and 29.02

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:	Federal Court Rules 28.49 and 29.02
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

Form 59 - Affidavit

Rules:

Federal Court Rules 28.46 and 29.02

All Forms

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