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Australian law
This page looks at Alternative Dispute Resolution (ADR)
law in Australia.
It covers -
introduction
ADR law in Australia involves federal and state enactments,
reflected in a range of schemes that are specific to particular
industries, organisations and enterprises.
Some schemes are highlighted on the following page of
this profile.
national regime
At a national level the International Arbitration Act
1974 (here)
reflects the UNCITRAL Model Law on International Commercial
Arbitration (here)
about procedures for international arbitration, covering
all international commercial arbitration conducted in
Australia unless otherwise agreed.
The Act also adopts the Convention on the Recognition
& Enforcement of Foreign Arbitral Awards - aka 'New
York Convention' - (here)
and 1965 International Convention on the Settlement of
Investment Disputes between States and Nationals of Other
States (Washington Convention). It sets out the institutions
and procedures that are available for the conduct of international
arbitration.
It does not deal with other alternative dispute resolution
processes for resolving private international commercial
disputes.
state/territory
Each State/Territory has uniform Commercial Arbitration
Acts dealing with domestic arbitration -
New
South Wales Commercial Arbitration Act 1984 (here)
Victorian Commercial Arbitration Act 1984 (here)
Queensland Commercial Arbitration Act 1990 (here)
South Australian Commercial Arbitration Act 1986
(here)
Western Australian Commercial Arbitration Act 1985
(here)
Tasmanian Commercial Arbitration Act 1986 (here)
ACT Commercial Arbitration Act 1986 (here)
Northern Territory Commercial Arbitration Act 1985
(here)
New Zealand
Arbitration in New Zealand is covered by the Arbitration
Act 1996 (here),
based on the UNCITRAL Model Law.
key documents
Key documents in Australian alternative dispute resolution
include the October 2001 Commonwealth Treasury Department
discussion paper (PDF) on the use of dispute resolution
in B2C e-commerce, the 2006 National Alternative Dispute
Resolution Advisory Council (NADRAC)
report Legislating for alternative dispute resolution:
A guide for government policy-makers & legal drafters
and 2006 Indigenous Dispute Resolution and Conflict
Management report
next page
(schemes)
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