ARBITRATION (FOREIGN AWARDS AND AGREEMENTS) ACT 1974 No. 136 of 1974 - SECT 7 Enforcement of foreign arbitration agreements.

ARBITRATION (FOREIGN AWARDS AND AGREEMENTS) ACT 1974 No. 136 of 1974 - SECT 7

7. (1) Where-

   (a)  the procedure in relation to arbitration under an
        arbitration agreement is governed, whether by virtue of the express
        terms of the agreement or otherwise, by the law of a
        Convention country;

   (b)  the procedure in relation to arbitration under an
        arbitration agreement is governed, whether by virtue of the express
        terms of the agreement or otherwise, by the law of a country not being
        Australia or a Convention country, and a party to the agreement is
        Australia or a State or a person who was, at the time when the
        agreement was made, domiciled or ordinarily resident in Australia;

   (c)  a party to an arbitration agreement is the Government of a Convention
        country or of part of a Convention country or the Government of a
        territory of a Convention country, being a territory to which the
        Convention extends; or

   (d)  a party to an arbitration agreement is a person who was, at the time
        when the agreement was made, domiciled or ordinarily resident in a
        country that is a Convention country, this section applies to the
        agreement.

(2) Subject to this Act, where-

   (a)  proceedings instituted by a party to an arbitration agreement to which
        this section applies against another party to the agreement are
        pending in a court; and

   (b)  the proceedings involve the determination of a matter that, in
        pursuance of the agreement, is capable of settlement by arbitration,
        on the application of a party to the agreement, the court shall, by
        order, upon such conditions (if any) as it thinks fit, stay the
        proceedings or so much of the proceedings as involves the
        determination of that matter, as the case may be, and refer the
        parties to arbitration in respect of that matter.

(3) Where a court makes an order under sub-section (2), it may, for the
purpose of preserving the rights of the parties, make such interim or
supplementary orders as it thinks fit in relation to any property that is the
subject of the matter to which the first-mentioned order relates.

(4) For the purposes of sub-sections (2) and (3), a reference to a party
includes a reference to a person claiming through or under a party.

(5) A court shall not make an order under sub-section (2) if the court finds
that the arbitration agreement is null and void, inoperative or incapable of
being performed.