Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p46
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 46/154)
Character Range: 325509–328316

the Court on the outcome of the ADR process.

28.35  Agreement at ADR process
  If the parties reach an agreement at an ADR process, the parties may file consent orders in accordance with rule 39.11
Rules 28.36–28.40 left blank

Division 28.5—International arbitration
Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.

28.41  Definitions for Division 28.5
 (1) In this Division:
International Arbitration Act means the International Arbitration Act 1974.
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, and as amended by the United Nations Commission on International Trade Law on 7 July 2006, the English text of which is set out in Schedule 2 to the International Arbitration Act.
party to an arbitral proceeding means a party to an arbitral proceeding to which the International Arbitration Act applies.
 (2) Unless the contrary intention appears, expressions used in this Division have the same meaning as in the International Arbitration Act.

28.42  Application of Division
  A party to an arbitral proceeding must comply with:
 (a) this Division; and
 (b) any other Rules that are relevant and consistent with this Division.

28.43  Application for stay of a proceeding
 (1) A party to an arbitration agreement who wants an order under section 7 of the International Arbitration Act to stay the whole or part of a proceeding must file an originating application, in accordance with Form 51.
 (2) The originating application must be accompanied by:
 (a) a copy of the arbitration agreement; and
 (b) an affidavit stating the material facts on which the claim for relief is based.

28.44  Enforcing foreign award
 (1) A person who wants to enforce a foreign award under section 8(3) of the International Arbitration Act must file an originating application, in accordance with Form 52.
 (2) The originating application must be accompanied by:
 (a) the documents mentioned in section 9 of the International Arbitration Act; and
 (b) an affidavit stating:
 (i) the extent to which the foreign award has not been complied with, at the date the application is made; and
 (ii) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the foreign award or, if the person is a company, the last‑known registered office of the company.
 (3) The application may be made without notice to any person.
Note: Without notice is defined in the Dictionary.

28.44A  Application for referral to arbitration under article 8 of the Model Law
  An application under article 8 of the Model Law to refer parties to arbitration must be accompanied by: