Matters arising under the International Arbitration Act 1974 (Cth) fall within the 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 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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other practice notes which may be relevant to this Sub-area include:

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)

by filing:

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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:

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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:

• Federal Court of Australia Act 1976 (Cth)
• International Arbitration Act 1974 (Cth)

• 14 Apr 2026: Davies, in the matter of an application by Davies [2026] FCA 428
  PRACTICE AND PROCEDURE – application seeking leave for proposed originating application and proposed concise statement to be accepted for filing – previous direction by judge that certain documents not be accepted for filing without the Court’s leave – where the proposed originating application is for a fresh proceedings relating to new alleged…
  Judge: COLVIN J
• 20 Mar 2026: Shanghai Qifan Cable Co. Ltd v Aryam Australia Pty Ltd [2026] FCA 425
  ARBITRATION – ex parte application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where requirements satisfied and no reason why award should not be enforced – two stage process – judgment entered but stayed pending determination of any challenge by the respondent
  Judge: STEWART J
• 9 Mar 2026: Ripple Markets APAC Pte Ltd v EzyRemit Worldwide Pty Ltd (No 2) [2026] FCA 233
  ARBITRATION – interlocutory application by judgment debtors to set aside a judgment enforcing a foreign arbitral award that was granted ex parte – where award debtors in default of filing evidence and submissions – where no basis for judgment to be set aside – where interlocutory application is to be dismissed – whether costs of interlocutory…
  Judge: STEWART J
• 8 Dec 2025: Ripple Markets APAC Pte Ltd v EzyRemit Worldwide Pty Ltd [2025] FCA 1551
  ARBITRATION – application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where requirements satisfied and no reason why award should not be enforced – two stage process – judgment entered but stayed pending return day or determination of any challenge from respondents
  Judge: STEWART J
• 1 Dec 2025: Stantec New Zealand v Fiji Roads Authority (No 2) [2025] FCA 1498
  ARBITRATION – recognition and enforcement of foreign arbitral award – pending application to set aside award in place of arbitration – adjournment of enforcement proceeding – award debtor objecting to jurisdiction – non-participation of award debtor in proceeding – formal requirements – onus of proof – certified award and arbitration agreement –…
  Judge: FEUTRILL J
• 26 Nov 2025: Blasket Renewable Investments LLC v Kingdom of Spain (relief) [2025] FCA 1469
  ARBITRATION – international arbitration – terms of final relief in applications under s 35(4) International Arbitration Act 1974 (Cth) for recognition and enforcement of arbitral awards under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (ICSID Convention) – role of the Court under Art…
  Judge: STEWART J
• 17 Sep 2025: Stantec New Zealand v Fiji Roads Authority [2025] FCA 1149
  PRACTICE AND PROCEDURE – order for service of interlocutory application on party that has not filed a notice of address for service outside Australia – leave to serve documents other than an originating application outside Australia – body corporate – service consistent with laws of foreign country – method of service outside Australia – bringing…
  Judge: FEUTRILL J
• 27 Aug 2025: Ningbo Weisheng Dingxuan Equity Investment Fund Partnership Enterprise (Limited Partnership) v Zhong [2025] FCA 1053
  EQUITY – equitable execution – where applicant has obtained judgment debt against first respondent arising from enforcement of a foreign arbitral award – where applicant seeks the appointment of a receiver over property as part of execution – whether the Court should exercise its inherent equitable jurisdiction to enforce REAL PROPERTY – where the …
  Judge: STEWART J
• 29 Aug 2025: Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028
  ARBITRATION – international arbitration – where foreign investors obtained the benefit of arbitral awards rendered by tribunals constituted pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (ICSID Convention) against the Kingdom of Spain – where award creditor investors are…
  Judge: STEWART J
• 18 Jul 2025: Qinao Lianchuang (Zhuhai) Development Co. Ltd v Shandong Yulong Gold Co. Ltd [2025] FCA 912
  PRACTICE AND PROCEDURE – application for continuation of freezing and ancillary orders pursuant to rr 7.32 and 7.33 of the Federal Court Rules 2011 (Cth) – where prospective applicant has benefit of arbitration award in foreign jurisdiction – whether good arguable case for recognition of foreign arbitral award – where risk of diminution of value…
  Judge: CHEESEMAN 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