Checklist · Arbitration & Alternative Dispute Resolution
Request to refer court proceedings to arbitration under Model Law article 8
Checklist of Model Law article 8 and of when the Model Law applies, from Schedule 2 and sections 16 and 21 of the Act.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a party asks a court to refer the parties to arbitration under the Model Law, as given the force of law by the International Arbitration Act. Do not use it as the section 7 stay.
Used for these tasks
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 record the places of business, the pleaded place of arbitration and the date of the first statement on the substance, and the lawyer decides whether article 8 applies and settles the request.
AI may
- Enter each party's place of business from the agreement or the pleadings
- Record the date of each party's first document that addresses the substance of the dispute
- Note whether the place of arbitration is in Australia, outside Australia, or not yet chosen
AI must not
- Must not decide that the arbitration is international or commercial
- Must not decide that the request was made in time
- Must not draft the request or the submissions
The lawyer checks
- The Model Law applies to this arbitration under article 1, read with section 16
- The request is not later than the requesting party's first statement on the substance of the dispute
- The agreement is not null and void, inoperative or incapable of being performed
- Section 7 is considered separately if a foreign award Convention agreement is relied on
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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More in Arbitration & Alternative Dispute Resolution
- ACICA model arbitration clause (standard and expedited): choosing and completing it
- Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974
- Heads of agreement signed at the end of a mediation (binding terms of settlement)
- Stay of court proceedings under the International Arbitration Act, section 7
- Preservation notice when arbitration is anticipated
- Expert determination agreement (referral of an existing dispute to an expert)
- Federal Court Form 50: originating application for an order in terms of an arbitration award
- Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
- Arbitration preliminary-hearing agenda
- Disclosure of confidential information in a Model Law arbitration
- Enforcing a foreign arbitral award in the Federal Court: application checklist (International Arbitration Act 1974 ss 8 and 9)
- Federal Court Form 52: originating application to enforce a foreign award under the International Arbitration Act 1974
- Mediation agreement (with confidentiality and recording/AI-notetaker clause)
- Conferral letter before an arbitration discovery application
- Correction, interpretation and set-aside times after a Model Law award
- Federal Court Form 58: originating application to enforce an award under section 35(4) of the International Arbitration Act 1974
- Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration)
- Redfern schedule for document production requests (with guidance)
- Arbitration confidentiality and non-waiver stipulation
- Federal Court Form 53: originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974
- Procedural order (or party agreement) on the use of AI in the arbitration
- Subpoena in aid of a Model Law arbitration
- Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
- Federal Court Form 54: application for a subpoena under the International Arbitration Act 1974
All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area