1989年澳大利亚(修订)国际商事仲裁法
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【发布机构】 澳大利亚
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【发布日期】 2014年08月01日
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The Australian International Arbitration Act

 

The International Arbitration Amendment Act 1989 has now been passed by the Senate and entered into force on 16 June 1989, whereupon the UNCITRAL Model Law came into operation in Australia without amendment to its text. The operative parts of Part III of the 1989 Act as now enacted are:

 

“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 documents of:

(a) the United Nations Commission on International Trade Law; and

(b) its working group for the preparation of the Model Law; relating to the Model Law.

“ (2) Subsection (1) does not affect the application of section 15AB of the Acts Interpretation Act 1901 for the purposes of interpreting this Part.

 

Courts specified for purposes of Article 6 of Model Law

18  .The following courts shall be taken to have been specified in Article 6 of the Model Law as courts competent to perform the functions referred to in that article.

(a) if the place of arbitration is, or is to be, in a State the Supreme Court of that State;

(b) if the place of arbitration is, or is to be, in a Territory;

(i) the Supreme Court of that Territory; or

(ii) if there is no Supreme Court established in that Territory the Supreme Court of the State or Territory that has jurisdiction in relation to that Territory.

 

Articles 34 and 36 of Model Law – public policy

19.  Without limiting the generality of subparagraphs 34 (2) (b) (ii) and 36 (1) (b) (ii) of the Model Law, it is hereby declared, for the avoidance of any doubt, that, for the purposes of those subparagraphs, an award is in conflict with the public policy of Australia if:

(a) the making of the award was induced or affected by fraud or corruption; or

(b) a breach of the rules of natural justice occurred in connection with the making of the award.

 

Chapter VIII of Model Law not to apply in certain cases

20.  Where, but for this section, both Chapter VIII of the Model Law and Part II of this Act would apply in relation to an award, Chapter VIII of the Model Law does not apply in relation to the award.

Settlement of dispute otherwise than in accordance with Model Law

21.  If the parties to an arbitration agreement have (whether in the agreement or in any other document in writing) agreed that any dispute that has arisen or may arise between them is to be settled otherwise than in accordance with the Model Law, the Model Law does not apply in relation to the settlement of that dispute.”

“Division 3 – Optional provisions

Application of optional provisions

22.  If the parties to an arbitration agreement have (whether in the agreement or in any other document in writing) agreed that the other provisions, or any of the other provisions, of this Division are to apply in relation to the settlement of any dispute (being a dispute that is to be settled in accordance with the Model Law) that has arisen or may arise between them, those provisions apply in relation to the settlement of that dispute.

Orders under Article 17 of the Model Law

23.  Chapter VIII of the Model Law applies to orders by an arbitral tribunal under Article 17 of the Model Law requiring a party:

(a) to take an interim measure of protection; or

(b) to provide security in connection with such a measure;

as if any reference in that chapter t