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Australian domestic arbitral legislation: April 2012
Practical Law UK Legal Update 2-519-2564 (Approx. 2 pages)
Australian domestic arbitral legislation: April 2012
by Practical Law
| Published on 02 May 2012 • Australia |
Andrew Robertson (Partner) and Ryan Kuss (Law Clerk), Piper Alderman
In April 2012, Australian domestic arbitration legislation has continued to advance through a number of States and Territories, with the purpose of modernising and reforming domestic arbitration legislation, by adopting legislation based on the UNCITRAL Model Law. The result will be broadly to align domestic and international legislation.
Further to the last update on the domestic arbitral legislation reforms in Australia (see Article, Australia: round-up 2011/2012) the current status in the process of amending the legislation is:
- The new Commercial Arbitration Act is in force in New South Wales, Victoria and in South Australia.
- The legislation has received Royal Assent in the Northern Territory and Tasmania. However, no commencement dates have been set.
- The legislation has not progressed through the Western Australian Parliament any further since the Legislative Council sent proposed amendments to the Legislative Assembly on 1 December 2011.
- The Bill was introduced into the Queensland Parliament on 15 November 2011 but lapsed on 19 February 2012 due to the dissolution of Parliament for the Queensland election. There has been no sitting of the new Parliament (which is now under a new Government following the election), with the House not due to sit until mid-May 2012.
- The Australian Capital Territory is yet to introduce the Bill into Parliament and there is no indication regarding when this can be expected to occur.