International Arbitration Amendment Act 1989
No. 25 of 1989
An Act to amend the Arbitration (Foreign Awards and Agreements) Act 1974
[Assented to 15 May 1989]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the International Arbitration Amendment Act 1989.
(2) In this Act, “Principal Act” means the Arbitration (Foreign Awards and Agreements) Act 19741.
Long title of Principal Act
2. The long title of the Principal Act is repealed and the following title is substituted:
“An Act relating to the recognition and enforcement of foreign arbitral awards, and the conduct of international commercial arbitrations, in Australia, and for related purposes.”.
Heading
3. Before section 1 of the Principal Act the following heading is inserted:
“PART I—PRELIMINARY”.
Short title of Principal Act
4. Section 1 of the Principal Act is amended by omitting “Arbitration (Foreign Awards and Agreements)” and substituting “International Arbitration”.
5. After section 2 of the Principal Act the following sections and heading are inserted:
Territories
“2a. This Act extends to all external Territories.
Crown to be bound
“2b. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
Effect on Sea-carriage of Goods Act
“2c. Nothing in this Act affects the operation of section 9 of the Sea-carriage of Goods Act 1924.
“PART II—ENFORCEMENT OF FOREIGN AWARDS”.
Repeal of sections 5, 6 and 11
6. Sections 5, 6 and 11 of the Principal Act are repealed.
7. After section 14 of the Principal Act the following Part is inserted:
“PART III—INTERNATIONAL COMMERCIAL ARBITRATION
“Division 1—Preliminary
Interpretation
“15. (1) In this Part:
‘Model Law’ means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, the English text of which is set out in Schedule 2.
“(2) Except so far as the contrary intention appears, a word or expression that is used both in this Part and in the Model Law (whether or not a particular meaning is given to it by the Model Law) has, in this Part, the same meaning as it has in the Model Law.
“Division 2—Model Law
Model Law to have force of law
“16. (1) Subject to this Part, the Model Law has the force of law in Australia.
“(2) In the Model Law:
‘State’ means Australia (including the external Territories) and any foreign country;
‘this State’ means Australia (including the external Territories).
Interpretation of Model Law—use of extrinsic material
“17. (1) For the purposes of interpreting the Model Law, reference may be made to the…