BACKGROUND
On 7 March, commercial arbitration in Queensland entered a new
era after the Queensland Parliament passed the Commercial
Arbitration Bill 2012 (Qld) ("the New
Law").
The passage of the bill is part of an Australia-wide push toward
a uniform commercial arbitration regime consistent with the United
Nations Commission on International Trade Law (UNCITRAL) Model Law
on International Commercial Arbitration. The UNCITRAL Model Law,
although not binding, has been in place since 1985. The Australian
government adopted a number of the UNCITRAL Model Law articles in
legislation governing offshore commercial disputes.
Commercial Arbitration is legislated on a state-by-state basis.
This bill repeals the Commercial Arbitration Act 1990
(Qld) which adopted few of the UNCITRAL Model Law articles. It is
intended that the new legislation will provide local corporations
and individuals with a broad, instructive framework for a uniform,
efficient, court-free and
