Checklist · Arbitration & Alternative Dispute Resolution

Enforcing a foreign arbitral award in the Federal Court: application checklist (International Arbitration Act 1974 ss 8 and 9)

Step-by-step checklist for an award creditor applying to enforce a foreign award: the s 9 documents, translations, the choice between a without-notice and an on-notice application under the CA-1 practice note, the s 8 refusal grounds to anticipate, and the usual orders.

Kind: Checklist. Steps or checks to work through and tick off.
Where it applies: Australia, Commonwealth, International / cross-border
AI use: Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at: 18 October 2026
Status: Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for Australia, Commonwealth and International / cross-border.
Version: 1
Source: Written for this library

When to use it

Use when a client holds an award made in a country other than Australia and wants it enforced against assets here. The same steps suit an award under Chapter VIII of the Model Law. Use a State or Territory Commercial Arbitration Act process for a domestic award instead.

Used for these tasks

Review an award for enforcement or set-aside points

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may index the award and arbitration agreement, build the document list and draft the procedural parts of the checklist; the affidavit in support is sworn evidence and is written by the lawyer and the deponent with no AI drafting.

AI may

Index the award, the arbitration agreement and the procedural history, and list the dates on which notice of the appointment and the proceedings was given
Check the award and agreement for the details the court will need: parties, seat, date, sums, interest and costs, and flag any part in a language other than English
Prepare a draft of the orders sought, in the usual form described in Annexure B of the practice note, for the lawyer to settle

AI must not

Must not draft or outline the affidavit in support, including the candour statement for a without-notice application; sworn evidence is written by the lawyer with the deponent
Must not decide whether there is a reasonably arguable objection to enforcement, which decides whether to apply without notice
Must not produce or certify a translation for filing; s 9(3) and (4) require a certified translation

The lawyer checks

The award is a foreign award (made in a country other than Australia) and the respondent, assets and any sovereign immunity issue have been identified
The duly authenticated original award or a duly certified copy, and the arbitration agreement or a certified copy, are in hand with certified English translations
The choice of a without-notice application is justified on the facts and the affidavit discloses everything a duty of candour requires
Any set-aside or suspension application at the seat is known and the adjournment and security powers in s 8(8) are addressed

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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