Document ID: chunk:federal_register_of_legislation:C2022C00086:section:18
Version: federal_register_of_legislation:C2022C00086
Segment Type: section
Provision Reference: s 18
Character Range: 24174–26169

18  Courts and authorities in the Model Law
 (1) A court or authority prescribed for the purposes of this subsection is taken to have been specified in Article 6 of the Model Law as a court or authority competent to perform the functions referred to in Article 11(3) of the Model Law.
 (2) A court or authority prescribed for the purposes of this subsection is taken to have been specified in Article 6 of the Model Law as a court or authority competent to perform the functions referred to in Article 11(4) of the Model Law.
 (3) The following courts are taken to have been specified in Article 6 of the Model Law as courts competent to perform the functions referred to in Articles 13(3), 14, 16(3) and 34(2) of the Model Law:
 (a) if the place of arbitration is, or is to be, in a State—the Supreme Court of that State;
 (b) if the place of arbitration is, or is to be, 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.
 (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.