The Australian Arbitration Framework

Abstract

International commercial arbitration and domestic commercial arbitration are dispute resolution processes that take place outside of the courts, but which are still grounded in law. This paper analyses the legal framework for international and domestic arbitration in Australia, by reference to Australia's arbitration legislation, its institutions and their rules, and the role of the courts. As the process of arbitration is grounded in law, an understanding of this legal framework for arbitration in Australia is an essential first step in understanding how and why arbitration 'works' in Australia.