Australian domestic arbitral legislation: October 2011 | Practical Law

Australian domestic arbitral legislation: October 2011 | Practical Law

Andrew Robertson (Partner) and Ryan Kuss (Law Clerk), Piper Alderman

Australian domestic arbitral legislation: October 2011

Practical Law UK Legal Update 6-510-5428 (Approx. 3 pages)

Australian domestic arbitral legislation: October 2011

by Practical Law
Published on 03 Nov 2011 • Australia
Andrew Robertson (Partner) and Ryan Kuss (Law Clerk), Piper Alderman
In October 2011, 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 update in last month's email reporting on the domestic arbitral legislation reforms (see Legal update, Australian domestic arbitral legislation: current status), the current status in the process of amending Australian domestic arbitration legislation is:
  • During September 2011, the Commercial Arbitration Bill passed the lower house in Western Australia and on 22 September 2011, the Bill also passed the second reading speech in the upper house. The upper house has referred the Bill to the Standing Committee on Uniform Legislation and Statutes Review.
  • The legislation has received Royal Assent in South Australia, the Northern Territory and Tasmania. However, no commencement dates have been set.
  • The legislation has received Royal Assent in Victoria. There has been no announcement regarding the commencement date for the Bill, but at the latest, it will come into force on 1 May 2012.
  • The new Commercial Arbitration Act has been in force in New South Wales since 1 October 2010.
Only Queensland and the Australian Capital Territory are yet to introduce the Bill into their respective Parliaments.
Once passed in all the States and Territories, the Commercial Arbitration Act will ensure that Australia has a relatively consistent domestic and international arbitration legislation based on the UNCITRAL Model Law.
For the background to this reform, see Legal updates, Australia to get new domestic arbitration legislation and Australian domestic arbitration law reform.