Where the parties have provided that arbitration is to be conducted in accordance with the laws of a State or country other than New South Wales or Australia, the procedure may be modified to comply with legislation governing that State or country. Parties submit a dispute to an arbitrator of their choice and the arbitrator makes an award binding upon the parties. The conduct of the arbitration may be structured by the parties themselves, although there is a predetermined path for the parties to follow in the Act, if the parties are unable to agree. The arbitrations may be conducted with a minimum of formality. Parties may decide to attempt mediation or negotiation during the arbitration process.
Legal representation is optional although advisable where there are legal issues involved.
Once preferences are received by all parties, ACDC discusses the case with the likely arbitrator in order to ensure that there is no conflict of interest or any reason there might be a perception of bias. If the parties fail to agree upon an arbitrator, ACDC will appoint one. If the agreement made by the parties has provided for another method of appointing the arbitrator, that method will be followed. The arbitrator has no vested interest in the outcome of the arbitration. If the arbitrator becomes aware of any circumstance that might reasonably be considered to affect adversely the arbitrator's capacity to act independently or impartially, the arbitrator must inform the parties immediately.