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Australia's domestic arbitral legislation reform: March 2013
Practical Law UK Legal Update 4-525-2731 (Approx. 3 pages)
Australia's domestic arbitral legislation reform: March 2013
by Andrew Robertson and Michael Bayne, Piper Alderman
| Published on 19 Mar 2013 • Australia |
Australia has moved further towards uniform domestic arbitral legislation, with Queensland becoming the latest state to pass the regime.
On 14 March 2013, the new uniform domestic arbitral legislation received Royal Assent in Queensland.
In 2009, the Standing Committee of Attorneys General (SCAG) agreed to develop uniform legislation to govern domestic arbitration across all states and territories in Australia. The reforms had the effect of applying the UNCITRAL Model Law as the governing arbitral law throughout Australia (see Legal Update, Australia to get new domestic arbitration legislation). Parties to domestic arbitration agreements may choose the jurisdiction governing the contract and the staggered commencement of the domestic Acts forced parties to re-think their seat of choice when drafting arbitration agreements. This is no longer a significant issue for parties, with the Acts in force, or soon to be in force, in the majority of states.
The current status in the process of the domestic arbitral legislation reforms throughout Australia is:
- On 1 October 2010, New South Wales became the first state to introduce the uniform legislation.
- On 17 November 2011, Victoria's Act commenced.
- On 1 January 2012, the Act commenced operation in South Australia.
- On 1 August 2012, the Northern Territory Act commenced.
- On 1 October 2012, the Tasmania Act commenced.
- On 29 August 2012, the Act received Royal Assent in Western Australia, but a commencement date has not yet been set.
- On 14 March 2013, the Act received Royal Assent In Queensland, although a commencement date has not yet been set.
- The Australian Capital Territory has not yet introduced a Bill before its Parliament. There has been no indication of when the Bill will be put before Parliament for consideration.