Australia has a bifurcated legislative regime regulating arbitration, with a Federal statute governing international arbitration (and the enforcement of foreign awards) and a separate set of uniform State and Territory statutes governing domestic arbitration. Underlying both is the UNCITRAL Model Law on International Commercial Arbitration, thus providing for a harmonised approach to the regulation of arbitration in Australia. The first revised uniform domestic arbitration Act was passed in 2010 Commercial Arbitration Act 2010 (NSW). The rest of the Australian States and Territories have followed suit with the ACT being the last to pass its Act in 2017.
A perennial problem for an arbitrator is how far should a party be allowed to go when exercising a reasonable opportunity to be heard or alternatively when should a party be stopped.
The case of Ku-ring-gai Council v Ichor Constructions Pty Ltd (Ku-ring-gai), highlights the importance of compliance with the procedural requirements of s 27D when an arbitrator seeks to settle a dispute by putting forward a proposal for settlement to the parties.