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Call for Submissions

Submissions closed on Friday, 30 November 2012.

Objectives

The main objectives of the Bill are to:

• govern Queensland domestic commercial arbitrations in a manner consistent with the national model Bill agreed to by the former Standing Committee of Attorneys-General (SCAG) (the Model Bill);
• replace the current Commercial Arbitration Act 1990 (Qld) (the existing Act);
• adopt the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the UNCITRAL Model Law), with supplemental domestic provisions for local commercial arbitration;
• maintain a high level of consistency between Queensland’s commercial arbitration regime and similar legislation already adopted in other Australian jurisdictions;
• harmonise Queensland’s domestic commercial arbitration regime with the Commonwealth International Arbitration Act 1974 (the Commonwealth Act);
• provide more accessible, cost-effective and timely processes for the fair and impartial resolution of commercial disputes through arbitration; and
• ensure Queensland’s adherence to world standards in commercial dispute resolution.

Other Information

The Commercial Arbitration Bill 2012 and the Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be found here.

Reasons for the Bill

The Bill proposes to repeal the current Commercial Arbitration Act 1990 and replace it with an act which is consistent with the National Model Bill agreed to by the former Standing Committee of Attorneys-General.

The Model Bill was based on the UNCITRAL Model Law and aligned with the Commonwealth Act to promote national consistency in regulation and conduct of international and domestic commercial arbitration. The Model Bill includes additional provisions which supplement the UNCITRAL Model Law for domestic commercial arbitration.

Report

On 4 February 2013, the Committee tabled its Report No. 19, Commercial Arbitration Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 7 March 2013. A copy of the Government Response is available here or can be accessed at Related Publications.

The Commercial Arbitration Bill 2012 was passed by the Legislative Assembly on 7 March 2013.

Referral

On 30 October 2012, the Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Commercial Arbitration Bill 2012 into the Queensland Parliament.  In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration.

By resolution of the Committee of the Legislative Assembly, the Committee was required to report to the Parliament by Monday, 4 February 2013.