COMMERCIAL ARBITRATION ACT 2013 NO. 8

Table of Provisions

• 1AA Short title
• 1AB Commencement
• 1AC Paramount object of Act
• 1AD Act binds all persons
Part 1--General provisions
• 1 Scope of application (cf Model Law Art 1)
• 2 Definitions and rules of interpretation (cf Model Law Art 2)
• 2A International origin and general principles (cf Model Law Art 2A)
• 3 Receipt of written communications (cf Model Law Art 3)
• 4 Waiver of right to object (cf Model Law Art 4)
• 5 Extent of court intervention (cf Model Law Art 5)
• 6 Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)
Part 2--Arbitration agreement
• 7 Definition and form of arbitration agreement (cf Model Law Art 7)
• 8 Arbitration agreement and substantive claim before court (cf Model Law Art 8)
• 9 Arbitration agreement and interim measures by court (cf Model Law Art 9)
Part 3--Composition of arbitral tribunal
• 10 Number of arbitrators (cf Model Law Art 10)
• 11 Appointment of arbitrators (cf Model Law Art 11)
• 12 Grounds for challenge (cf Model Law Art 12)
• 13 Challenge procedure (cf Model Law Art 13)
• 14 Failure or impossibility to act (cf Model Law Art 14)
• 15 Appointment of substitute arbitrator (cf Model Law Art 15)
Part 4--Jurisdiction of arbitral tribunal
• 16 Competence of arbitral tribunal to rule on its jurisdiction (cf Model Law Art 16)
Part 4A--Interim measures Division 1--Interim measures
• 17 Power of arbitral tribunal to order interim measures (cf Model Law Art 17)
• 17A Conditions for granting interim measures (cf Model Law Art 17A)
Division 2--Preliminary orders
• 17B Applications for preliminary orders and conditions for granting preliminary orders (cf Model Law Art 17B)
• 17C Specific regime for preliminary orders (cf Model Law Art 17)
Division 3--Provisions applicable to interim measures
• 17D Modification, suspension, termination (cf Model Law Art 17D)
• 17E Provision of security (cf Model Law Art 17E)
• 17F Disclosure (cf Model Law Art 17F)
• 17G Costs and damages (cf Model Law Art 17G)
Division 4--Recognition and enforcement of interim measures
• 17H Recognition and enforcement (cf Model Law Art 17H)
• 17I Grounds for refusing recognition or enforcement (cf Model Law Art 17I)
Division 5--Court-ordered interim measures
• 17J Court-ordered interim measures (cf Model Law Art 17J)
Part 5--Conduct of arbitral proceedings
• 18 Equal treatment of parties (cf Model Law Art 18)
• 19 Determination of rules of procedure (cf Model Law Art 19)
• 20 Place of arbitration (cf Model Law Art 20)
• 21 Commencement of arbitral proceedings (cf Model Law Art 21)
• 22 Language (cf Model Law Art 22)
• 23 Statements of claim and defence (cf Model Law Art 23)
• 24 Hearings and written proceedings (cf Model Law Art 24)
• 24A Representation
• 24B General duties of parties
• 25 Default of a party (cf Model Law Art 25)
• 26 Expert appointed by arbitral tribunal (cf Model Law Art 26)
• 27 Court assistance in taking evidence (cf Model Law Art 27)
• 27A Parties may obtain subpoenas
• 27B Refusal or failure to attend before arbitral tribunal or to produce document
• 27C Consolidation of arbitral proceedings
• 27D Power of arbitrator to act as mediator, conciliator or other non-arbitral intermediary
• 27E Disclosure of confidential information
• 27F Circumstances in which confidential information may be disclosed
• 27G Arbitral tribunal may allow disclosure of confidential information in certain circumstances
• 27H The Court may prohibit disclosure of confidential information in certain circumstances
• 27I The Court may allow disclosure of confidential information in certain circumstances
• 27J Determination of preliminary point of law by the Court
Part 6--Making of award and termination of proceedings
• 28 Rules applicable to substance of dispute (cf Model Law Art 28)
• 29 Decision-making by panel of arbitrators (cf Model Law Art 29)
• 30 Settlement (cf Model Law Art 30)
• 31 Form and contents of award (cf Model Law Art 31)
• 32 Termination of proceedings (cf Model Law Art 32)
• 33 Correction and interpretation of award; additional award (cf Model Law Art 33)
• 33A Specific performance
• 33B Costs
• 33C Application of Legal Profession Act 2007
• 33D Costs of abortive arbitration
• 33E Interest up to making of award
• 33F Interest on debt under award
Part 7--Recourse against award
• 34 Application for setting aside as exclusive recourse against arbitral award (cf Model Law Art 34)
• 34A Appeals against awards
Part 8--Recognition and enforcement of awards
• 35 Recognition and enforcement (cf Model Law Art 35)
• 36 Grounds for refusing recognition or enforcement (cf Model Law Art 36)
Part 9--Miscellaneous
• 37 Death of party
• 38 Interpleader
• 39 Immunity
• 40 Regulation-making power
Part 10--Repeal and transitional provision Division 1--Repeal
• 41 Repeal
Division 2--Transitional provision
• 42 Transitional provision for Commercial Arbitration Act 2013
Part 11--Acts amended
• 43 Acts amended in sch 1
SCHEDULE 1 -- ACTS AMENDED Part 1--Amendment of this Act Part 2--Amendment of other Acts

Note—

To ensure the greatest possible harmonisation across Australian jurisdictions, this Act closely follows commercial arbitration legislation enacted in other Australian jurisdictions. Accordingly, this Act is not entirely consistent with Queensland's current drafting style.

Sections of this Act that contain a reference to the 'Model Law' in the heading are substantially the same as the provisions of the UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Trade Law on 21 June 1985 with amendments as adopted by that Commission in 2006) so as to be as uniform as possible with the UNCITRAL Model Law.

Some changes have been made to those provisions of the Act based on the UNCITRAL Model Law to amend or supplement the provisions in their application to domestic arbitrations in Queensland or to accommodate modern drafting styles and conventions (for example, provisions are drafted in gender neutral terms and archaisms are replaced with modern alternatives). Notes draw attention to substantive changes.

The original numbering of the 'articles' of the UNCITRAL Model Law has been retained but converted to references to 'sections' and articles containing more than one sentence have been reformatted into subsections. There are a number of additional provisions to those based on the UNCITRAL Model Law.