---
title: "Stay of court proceedings under the International Arbitration Act, section 7"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/stay-under-section-7"
type: "precedent"
site: "AI Law Framework"
id: "a6-stay-under-section-7"
area_id: "A6"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A6-E20261018-1"]
law_stated_as_at: "2026-10-22"
---

# Stay of court proceedings under the International Arbitration Act, section 7

> Checklist of the section 7 conditions for a stay of court proceedings in favour of a foreign arbitration agreement, taken from the Act text.

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/stay-under-section-7  
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 an Australian court to stay proceedings so that a matter said to be covered by a foreign arbitration agreement can go to arbitration. This is the Part II stay. It is a different test from Model Law article 8.

## 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 enter the parties, the court and the agreement details from the file and tick which section 7 gateway is being considered, and the lawyer decides whether section 7 applies and settles any application.

**AI may:**

- Enter the parties, the court, the filing date and the arbitration agreement reference from the file
- List which of the section 7(1) gateways the file appears to raise, without deciding that it is met
- Record whether a stay application has already been filed and by whom

**AI must not:**

- Must not decide that section 7 applies or that the court must stay the proceedings
- Must not draft the application, the submissions or an affidavit
- Must not treat this checklist as the Model Law article 8 referral

**The lawyer checks:**

- One of the section 7(1) gateways is met on the evidence
- The proceedings involve a matter capable of settlement by arbitration under the agreement
- The agreement is not null and void, inoperative or incapable of being performed
- The application, and any interim order about property, is settled by the lawyer

## Authorities

- [International Arbitration Act 1974 (Cth), compilation C2022C00086, in force, text as at 18 February 2022, ss 3 and 7](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/stay-under-section-7 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.*