---
title: "Prepare the application to stay court proceedings in favour of arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati"
type: "task"
site: "AI Law Framework"
id: "A6-E20261018-1"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare the application to stay court proceedings in favour of arbitration

> 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…

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm no step has been taken on the substance that would make the request late or amount to waiver.
2. Check the clause as quoted in the table against the executed contract.
3. Confirm the tool output contains no wording carried into the application, affidavit or submissions.

## Notes

- 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.

## Sources

- [International Arbitration Act 1974 (Cth) s 7 (enforcement of foreign arbitration agreements; stay)](https://classic.austlii.edu.au/au/legis/cth/consol_act/iaa1974276/s7.html) (checked 2026-10-18)
- [Commercial Arbitration Act 2010 (NSW) s 8 (arbitration agreement and substantive claim before court)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/caa2010219/s8.html) (checked 2026-10-18)
- [Federal Court of Australia, Commercial Arbitration Practice Note (CA-1)](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/ca-1) (checked 2026-10-18)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/form-fca-51-stay-for-arbitration.md) | Form | 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](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/stay-under-section-7.md) | Checklist | 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](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/model-law-article-8-referral.md) | Checklist | 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.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*