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

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)

• 18 Nov 2021: HongKong Henson Industrial Limited v Victorian Ferries Pty Ltd [2021] FCA 1450
  ARBITRATION - application to enforce foreign arbitral award made in Singapore as judgment of Court - where arbitration agreement contained in contract executed by parties by electronically exchanging printed and scanned versions of agreement which were signed and sealed - where applicant unable to produce original version or certified copy of…
  Judge: Colvin J
• 15 Nov 2021: LLC BryanskAgrostroy v Mackies Asia Pacific Pty Limited (No 2) [2021] FCA 1419
  COSTS - assessment of costs in application where applicant successful - whether appropriate to assess lump sum costs on indemnity basis - where respondent refused formal offers - where application not opposed by respondent after indicating it intended to defend application - whether fees reasonable in amount and reasonably incurred
  Judge: Colvin J
• 12 Nov 2021: EBJ21 v EBO21 [2021] FCA 1406
  ARBITRATION - international arbitration - recognition of an award under the UNCITRAL Model Law - where the pecuniary obligations in the award have been paid - where there is no dispute about the validity or efficacy of the award - whether Art 35 of the Model Law requires orders recognising the award when no Art 36 ground is established - whether… 395 ALR 310
  Judge: Stewart J
• 29 Sep 2021: LLC BryanskAgrostroy v Mackies Asia Pacific Pty Limited [2021] FCA 1180
  ARBITRATION - application to enforce foreign arbitral award made in Russian Federation as judgment of Court - where dispute between parties referred to arbitration pursuant to arbitration agreement in contract - where arbitrators made award in favour of applicant - where no payment made by respondent in respect of award - whether requirements of s …
  Judge: Colvin J
• 13 Aug 2021: CC/DEVAS (Mauritius) Ltd v Republic of India [2021] FCA 975
  ARBITRATION - international arbitration - where applicants seek to enforce an award under s 8(3) of the International Arbitration Act 1974 (Cth) - where respondent is a foreign State - where respondent appeared conditionally to require service and claim immunity under the Foreign States Immunities Act 1985 (Cth) - where applicants now apply for…
  Judge: Stewart J
• 29 Jun 2021: Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company (No 2) [2021] FCAFC 119
  COSTS - consent orders - appropriate form of order
  Judge: Allsop CJ, Middleton and Stewart JJ
• 25 Jun 2021: Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (No 3) [2021] FCAFC 112
  ARBITRATION - international arbitration - application for recognition of award of the International Centre for Settlement of Investment Disputes under s 35(4) of the International Arbitration Act 1974 (Cth) ('Arbitration Act') PUBLIC INTERNATIONAL LAW - foreign state immunity - interpretation of the Convention on the Settlement of Investment… 392 ALR 443 ; 153 ACSR 59
  Judge: Allsop CJ, Perram and Moshinsky JJ
• 25 Jun 2021: Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110
  ARBITRATION - international arbitration - enforcement of award - where supervisory court appointed the arbitral tribunal - whether composition of the arbitral tribunal was in accordance with the agreement of the parties - comity - whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance… 153 ACSR 84
  Judge: Allsop CJ, Middleton and Stewart JJ
• 21 Jun 2021: Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676
  ARBITRATION - application to enforce foreign arbitral award made in Canada as judgment of Court - where distributorship agreement contained arbitration agreement for arbitration in Quebec - where arbitrator made award in favour of applicant - where no payment made by respondents in respect of award - where respondents did not appear - whether…
  Judge: Colvin J
• 28 May 2021: Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCAFC 86
  CORPORATIONS - application for leave to appeal from interlocutory decision - appeal from interlocutory decision not to restrain arbitration in California - where parties entered into licence agreement to manufacture and sell almond milk products - where licence agreement provides for arbitration of any controversy between parties in California -… 390 ALR 647
  Judge: Allsop CJ, Colvin and Anastassiou JJ

• 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