Domestic Arbitration

Domestic Arbitration is a key setting for the development of arbitration law and practice in Australia

Australian arbitration law is dualist, with a Federal statute governing international arbitration (and the enforcement of foreign awards) and a separate set of state laws governing non-international arbitration (the Commercial Arbitration Acts 1984-5). These statutes are based on the English Arbitration Act 1979. In 2009, the Standing Committee of Attorneys General announced that the state arbitration laws would be overhauled and replaced by a 'domesticated' form of the UNCITRAL Model Law on International Commercial Arbitration, which is the basis of Australia's international arbitration law. In 2010, New South Wales passed the Commercial Arbitration Act 2010 (NSW). This act adopted and added to the UNCITRAL Model Law as the law governing domestic arbitrations seated in New South Wales. The rest of the Australian States are due to pass Model Law commercial arbitration statutes this year. The transition to Model Law state arbitration acts will mean that practitioners of domestic arbitration in Australia will be able to transfer their procedural skills to the group of over sixty foreign jurisdictions where the Model Law is in force.