Part A Introduction

The Purpose of the Toolkit

1. The purpose of this toolkit is to provide arbitrators with practical information and useful tools, which they might find helpful to conduct a successful arbitration. While it is primarily intended for small to medium arbitrations, much of it might be helpful for larger and more complex disputes, including on-line arbitrations and international arbitrations.

1. Although most domestic arbitrations are conducted by an Arbitral Tribunal composed of a single member, we have adopted the expression “Arbitral Tribunal” or “Tribunal” to refer to a sole arbitrator, as well as to a tribunal of multiple members.

1. All of the statutes in force in Australia and New Zealand are built on the UNCITRAL Model Law on International Arbitration 1985 (as amended in 2006) (the Model Law), a copy of which may be found at https://uncitral.un.org/en/texts/arbitration/modellaw/commercial_arbitration

A Successful Arbitration

1. Arbitration is a dispute resolution process chosen by the disputing parties to provide a final and binding resolution of their dispute according to law. As an alternative to litigation, it is a process that has been tailored to meet their particular requirements. It is a successful arbitration if it provides this resolution by the application of a number of core principles, namely fairness (impartiality and even-handedness), efficiency (expedition and cost-effectiveness) and flexibility. These features are conveniently set out as the paramount objective of the uniform Commercial Arbitration Acts of the Australian States and Territories¹ (CAA), which is concerned with domestic arbitrations. It is in these terms: