---
title: "Prepare the consent referral of court proceedings to arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration"
type: "task"
site: "AI Law Framework"
id: "A6-K20261018-4"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare the consent referral of court proceedings to arbitration

> From the pleadings, the parties’ agreement to refer and the proposed arbitrator, draft the proposed referral orders and the reference terms the practice note expects (the matters referred, the arbitrator or appointment…

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the pleadings, the parties’ agreement to refer and the proposed arbitrator, draft the proposed referral orders and the reference terms the practice note expects (the matters referred, the arbitrator or appointment procedure, remuneration, removal and liability), listing anything not yet agreed. |
| What the lawyer must review | The lawyer confirms the client’s consent and the scope of what is referred, settles the orders and reference terms with the other parties, and checks the arbitrator’s disclosure and acceptance. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Line-by-line review**

Review the complete output at the level of each line, paragraph or clause; check facts, meaning and omissions.

- What the AI does: From the pleadings, the parties’ agreement to refer and the proposed arbitrator, draft the proposed referral orders and the reference terms the practice note expects (the matters referred, the arbitrator or appointment procedure, remuneration, removal and liability), listing anything not yet agreed.
- What the lawyer does: The lawyer confirms the client’s consent and the scope of what is referred, settles the orders and reference terms with the other parties, and checks the arbitrator’s disclosure and acceptance.
- 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.

## Checks the lawyer makes

1. Confirm the arbitral material may go into the tool under the confidentiality provisions, the rules and any procedural order before it is used.
2. Confirm written consent from every party.
3. Check the matters referred against the pleadings.
4. Confirm the arbitrator’s impartiality disclosure before orders are sought.

## 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

- [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)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration/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.*