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)

• 29 Aug 2024: Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (Security for Costs) [2024] FCAFC 113
  PRACTICE AND PROCEDURE - application for security for costs against foreign state - where security sought in relation to application to set aside examination orders - whether set aside application made under s 35A(5) of Federal Court of Australia Act 1976 (Cth) or r 39.05 of Federal Court Rules 2011 (Cth)
  Judge: Perram, Derrington and Feutrill JJ
• 16 Aug 2024: Guangzhou Huada Venture Capital No 1 Investment Enterprise (Limited Partnership) v Zhu [2024] FCA 938
  ARBITRATION - application for enforcement of a foreign arbitral award under the International Arbitration Act 1974 (Cth) - where the respondents appeared unconditionally by a solicitor, at least initially - where there is no evidence of dispute of any matters - whether the requirements for enforcement are met - enforcement of the award
  Judge: Stewart J
• 7 Jun 2024: Australasian Global Exports Pty Ltd v The Ship M/V Yangtze Fortune, the Proceeds of Sale [2024] FCA 614
  ARBITRATION - application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - one-stage process - award debtor served abroad - whether notice period adequate - award enforced and judgment entered, but judgment stayed for period of time to allow a challenge, if any
  Judge: Stewart J
• 7 May 2024: StoneX Financial Inc. v Ambrose (No 2) [2024] FCA 501
  ARBITRATION - application to enforce arbitral award in Australia under International Arbitration Act 1974 (Cth) - declaration that applicant entitled to enforce award of the National Futures Association as if a judgment of the Court - where award made in the United States of America - where award remains unsatisfied - interlocutory application…
  Judge: Sarah C Derrington J
• 12 Apr 2024: Hankuk Carbon Co, Ltd v Energy World Corporation Ltd (No 2) [2024] FCA 366
  ARBITRATION - second hearing of application for enforcement of foreign arbitral awards - whether respondent had notice of the hearing - dissolution of stay of judgment previously ordered
  Judge: Stewart J
• 25 Mar 2024: Guoao Holding Group Co Ltd v Xue (Contempt) [2024] FCA 278
  CONTEMPT OF COURT - where the applicant seeks orders that the first respondent be found guilty of criminal or civil contempt by acting in breach of freezing orders - where the applicable standard of proof is the criminal standard of proof of beyond reasonable doubt - whether the alleged contemnor had knowledge of the freezing orders - whether…
  Judge: Stewart J
• 13 Mar 2024: Infrastructure Services Luxembourg S.a.r.l. v Kingdom of Spain (security for costs) [2024] FCA 234
  PUBLIC INTERNATIONAL LAW - privileges of consular officials - Vienna Convention on Consular Relations - whether ordering foreign state to provide security for costs in its application to assert consular immunity would infringe on consular immunity PRACTICE AND PROCEDURE - security for costs - where application made for foreign state to provide…
  Judge: Stewart J
• 12 Mar 2024: Hankuk Carbon Co, Ltd v Energy World Corporation Ltd [2024] FCA 232
  ARBITRATION - application for enforcement of foreign arbitral awards under s 8(3) of the International Arbitration Act 1974 (Cth) - two-stage process - form of orders - where applicant seeks orders entering judgment but providing for stay and notice to the respondent - balancing of interests of award creditor and award debtor
  Judge: Stewart J
• 6 Mar 2024: Siemens WLL v BIC Contracting LLC (costs) [2024] FCA 201
  COSTS - application to vary costs order - consideration of procedural history - application dismissed
  Judge: Stewart J
• 5 Jan 2024: Siemens WLL v BIC Contracting LLC (Stay Extension) [2024] FCA 2
  PRACTICE AND PROCEDURE - application to extend stay of orders setting aside garnishee order - where debt the subject of the garnishee order located in England - where applicants seek further time to consider merits of any appeal and enforcement options - consideration of relevant principles - risk of commercial harm - where application amounts to…
  Judge: Lee 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