ABSTRACT

Arbitration is the settling of a dispute by an independent person, known as an ‘arbitrator’, whose decision is binding on the parties. Arbitration is commonly used as an alternative proceeding to litigation. So, instead of bringing an action in a court of law, the parties may agree to submit a dispute to arbitration. This form of commercial arbitration is regulated by State legislation, which is essentially uniform throughout Australia (Commercial Arbitration Act 1984 (NSW); Commercial Arbitration Act 1984 (Vic); Commercial Arbitration Act 1986 (SA); Commercial Arbitration Act 1985 (WA); Commercial Arbitration Act 1986 (Tas); Commercial Arbitration Ordinance 1986 (ACT); Commercial Arbitration Act 1985 (NT)); Commercial Arbitration Act (1990) (Qld)).