---
title: "Request to refer court proceedings to arbitration under Model Law article 8"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/model-law-article-8-referral"
type: "precedent"
site: "AI Law Framework"
id: "a6-model-law-article-8-referral"
area_id: "A6"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A6-E20261018-1"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/model-law-article-8-referral  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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

- [Prepare the application to stay court proceedings in favour of arbitration](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati.md)

## 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

## Authorities

- [International Arbitration Act 1974 (Cth), compilation C2022C00086, ss 16 and 21, and Schedule 2, Model Law articles 1 and 8](https://www.legislation.gov.au/C2004A00192/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/model-law-article-8-referral and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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