Recent Amendments To The International Arbitration Act

On 13 October 2015, the Civil Law and Justice (Omnibus Amendments) Bill 2015 received assent. With little fanfare, the Bill has made small, though important amendments to the International Arbitration Act 1974 (Act). The amendments further enhance Australia's reputation as a pro-arbitration jurisdiction.

A presumption in favour of confidentiality

Sections 23G-C of the Act previously provided for the confidentiality of international arbitrations seated in Australia on an opt-in basis. The effect was that where parties did not opt-in, the arbitral proceedings were private but not confidential (that is to say, an arbitration held pursuant to an agreement was private in the sense that it was not open to the public). In respect to arbitration agreements entered into after the date of assent, the Act now provides for a presumption in favour of confidentiality and the provisions operate on an opt-out basis. This brings the Act into line with the uniform domestic