Prepare the application to stay court proceedings in favour of arbitration
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the arbitration clause and the pleaded claims, and build a table mapping each claim to the clause’s scope, the parties bound and any carve-out, with the date by which the stay must be sought before the client takes a step on the substance. The tool writes nothing in the application or the affidavit.
- What the lawyer must review
- The lawyer decides whether to seek a stay, which statute applies (international or domestic), whether any step already taken risks waiver, drafts the originating application and the affidavit with the deponent, and settles the submissions.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the arbitration clause and the pleaded claims, and build a table mapping each claim to the clause’s scope, the parties bound and any carve-out, with the date by which the stay must be sought before the client takes a step on the substance. The tool writes nothing in the application or the affidavit. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm no step has been taken on the substance that would make the request late or amount to waiver.
- Check the clause as quoted in the table against the executed contract.
- Confirm the tool output contains no wording carried into the application, affidavit or submissions.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974 | Form | AI use Yellow | Link to Federal Court Form 51, the originating application for a stay of a proceeding under the International Arbitration Act 1974, rule 28.43(1). |
| Stay of court proceedings under the International Arbitration Act, section 7 | Checklist | AI use Yellow | Checklist of the section 7 conditions for a stay of court proceedings in favour of a foreign arbitration agreement, taken from the Act text. |
| Request to refer court proceedings to arbitration under Model Law article 8 | Checklist | AI use Yellow | Checklist of Model Law article 8 and of when the Model Law applies, from Schedule 2 and sections 16 and 21 of the Act. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- International Arbitration Act 1974 (Cth) s 7 (enforcement of foreign arbitration agreements; stay) · 2026-10-18
- Commercial Arbitration Act 2010 (NSW) s 8 (arbitration agreement and substantive claim before court) · 2026-10-18
- Federal Court of Australia, Commercial Arbitration Practice Note (CA-1) · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.