Federal Court Rules 2011

An application under article 34 of the Model Law to set aside an award must be made by filing an originating application, in accordance with Form 53.

The application must identify:

if the applicant relies on article 34(2)(a) of the Model Law—which subparagraph of article 34(2)(a) is relied upon; and

if the applicant relies on article 34(2)(b) of the Model Law—which subparagraph of article 34(2)(b) is relied upon; and

in any case—brief grounds for seeking the order.

The application must be accompanied by an affidavit identifying:

the detailed grounds for seeking the order; and

the material facts relied on; and

the date on which the applicant received the award or, if a request was made under article 33 of the Model Law to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.

The affidavit must be accompanied by:

a copy of the arbitration agreement; and

a copy of the award (including the reasons, if any, of the arbitral tribunal for the award).

A copy of the application and affidavit must be served on any person whose interest might be affected by the setting aside of the award.

An application by a party to the arbitration under article 34(4) of the Model Law must be made by interlocutory application in the proceeding started under subrule (1).