Recent amendments to the Uniform Civil Procedure Rules 1999 (UCPR) provide for processes when Queensland courts become involved in commercial arbitration matters.
The Uniform Civil Procedure (Commercial Arbitration) Amendment Rule 2019 (QLD) introduces a new Chapter 9A into the UCPR which deals with all aspects of arbitrations under the Commercial Arbitration Act 2013 (Qld) and the International Arbitration Act 1974 (Cth).
The Queensland Act is harmonised with commercial arbitration acts in other Australian jurisdictions and largely reflects the provisions of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on 21 June 1985, with amendments as adopted by that Commission in 2006 (‘Model Law’).
The new rules relate to applications under the Acts, or the Model Law, including applications:
- for a stay and referral to arbitration in existing proceedings before the court;
- to enforce a foreign arbitration award;
- to issue subpoenas in arbitration matters;
- relating to evidence for arbitrations;
- relating to disclosure of confidential information in relation to arbitrations;
- to set aside an arbitrator’s award;
- to enforcement an arbitrator’s award;
- for leave to apply to the court for the determination of a question of law arising in the course of an arbitration;
- for leave to appeal on a question of law arising out of an award.