Civil Law and Justice Legislation Amendment Act 2018 (130 of 2018)

Schedule 7   Amendment of the International Arbitration Act 1974

International Arbitration Act 1974

7   At the end of section 18

Add:

(4) The following courts are taken to be competent courts for the purposes of Articles 17H (including Article 17H(3)), 27, 35 and 36 of the Model Law:

(a) if the event referred to in subsection (5) is to occur in a State - the Supreme Court of that State;

(b) if the event referred to in subsection (5) is to occur 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;

(c) in any case - the Federal Court of Australia.

(5) For the purposes of subsection (4), the event is:

(a) for Article 17H - the recognition or enforcement of an interim measure; or

(b) for Article 27 - the taking of evidence; or

(c) for Articles 35 and 36 - the recognition or enforcement of an arbitral award.