Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

International arbitration definition

What does International arbitration mean? International arbitration describes an arbitration with cross‑border elements, typically where the parties are in different states, the agreed seat or place of performance is abroad, foreign law governs, or enforcement will be against overseas assets. In practice it refers to international commercial arbitration under an arbitration agreement. In England & Wales, Scotland and Northern Ireland it is a descriptive term rather than a statutory category; neither the Arbitration Act 1996 nor the Arbitration (Scotland) Act 2010 defines it. In Ireland, the Arbitration Act 2010 gives UNCITRAL Model Law force of law; Article 1(3) sets out when an arbitration is “international”...

Australia: Challenges to and Appeals from Arbitral Awards—International and Domestic Regimes, Grounds, Procedure, Time Limits, Costs and Confidentiality

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines challenges and appeals concerning international and domestic arbitral awards in Australia.

The relevant legislative framework

The International arbitration Act 1974 (Cth) (IA Act) regulates foreign awards and the forms of Recourse available against them within Australia. The IA Act gives effect to the 1958 New York Convention on the Recognition and Enforcement of Arbitration Awards (the New York Convention) and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law). Domestic awards are governed by harmonised state-based statutes operating in every state and territory, ensuring a coherent regime throughout the country. For the purposes of this Practice Note, all citations to State-based legislation refer to the Commercial Arbitration Act 2010 (NSW) (the CA Act), which applies in New South Wales, unless otherwise indicated. Because the CA Act is largely modelled on the Model Law, and, like the other Australian States and Territories, has been adopted and enacted to establish a uniform framework for domestic arbitration, Australian court rulings interpreting the IA Act can be pertinent to the CA Act, and the reverse can also apply...

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Leon Chung

Herbert Smith Freehills Kramer

Leon is a partner in the disputes practice at Herbert Smith Freehills. His practice encompasses all aspects of international law, international disputes and international arbitration. Leon has advised and acted widely across a number of industries for global clients, including in energy and resources, mining, infrastructure, sovereign investment funds, government and government agencies and financial services. His practice covers front-end risk management and assessment, international contracting work, international arbitration and litigation, international investment law and treaties, and foreign regulatory investigations relating to sanctions and foreign corrupt practices. Leon has acted on: ' international arbitration and transnational litigation ' international commercial transactions and contracting ' international investments and cross-border transactions ' investigations by and applications to foreign governments and international regulatory bodies and organisations, and ' corporate responsibility compliance including compliance with anti-foreign corruption regimes, international sanction regimes, and other international legal obligations....

Web page updated on 26/05/2026

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