Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INTERNATIONAL ARBITRATION ACT 1974 - SECT 39

Matters to which court must have regard

             (1)  This section applies where:

                     (a)  a court is considering:

                              (i)  exercising a power under section 8 to enforce a foreign award; or

                             (ii)  exercising the power under section 8 to refuse to enforce a foreign award, including a refusal because the enforcement of the award would be contrary to public policy; or

                            (iii)  exercising a power under Article 35 of the Model Law, as in force under subsection 16(1) of this Act, to recognise or enforce an arbitral award; or

                            (iv)  exercising a power under Article 36 of the Model Law, as in force under subsection 16(1) of this Act, to refuse to recognise or enforce an arbitral award, including a refusal under Article 36(1)(b)(ii) because the recognition or enforcement of the arbitral award would be contrary to the public policy of Australia; or

                             (v)  if, under section 18, the court is taken to have been specified in Article 6 of the Model Law as a court competent to perform the functions referred to in that article--performing one or more of those functions; or

                            (vi)  performing any other functions or exercising any other powers under this Act, or the Model Law as in force under subsection 16(1) of this Act; or

                           (vii)  performing any function or exercising any power under an agreement or award to which this Act applies; or

                     (b)  a court is interpreting this Act, or the Model Law as in force under subsection 16(1) of this Act; or

                     (c)  a court is interpreting an agreement or award to which this Act applies; or

                     (d)  if, under section 18, an authority is taken to have been specified in Article 6 of the Model Law as an authority competent to perform the functions referred to in Articles 11(3) or 11(4) of the Model Law--the authority is considering performing one or more of those functions.

             (2)  The court or authority must, in doing so, have regard to:

                     (a)  the objects of the Act; and

                     (b)  the fact that:

                              (i)  arbitration is an efficient, impartial, enforceable and timely method by which to resolve commercial disputes; and

                             (ii)  awards are intended to provide certainty and finality.

             (3)  In this section:

"arbitral award" has the same meaning as in the Model Law.

"foreign award" has the same meaning as in Part II.

"Model Law" has the same meaning as in Part III.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback