What are the principal sources of law and regulation relating to domestic and international arbitration?
(Describe the role of federal or state laws and relevance of court decisions.) Australia is a federation with legislative powers divided between the Commonwealth of Australia, as the federal entity, and six states. In addition there are two federal territories with their own governments. International arbitrations are governed by the International Arbitration Act 1974 (Cth) (IAA). Section 16 provides that the Model Law has the force of law in Australia. Unless parties have excluded the Model Law by an agreement in writing, which is permitted under section 21 of the IAA, the Model Law will apply to international arbitrations seated in Australia. If parties exclude the Model Law, the IAA still applies as the curial law. However, the Commercial Arbitration Act (CAA) of the state or territory in which the arbitration takes place applies in lieu of the Model Law, save any arbitration rules or other procedural arrangement the parties agreed to. Domestic arbitrations are governed by the relev
