The Federation Press

International Arbitration in Australia

Overview

This is the first book to present a comprehensive picture of international commercial arbitration (ICA) and investor-state arbitration (ISA) from an Australian perspective. Australian experts in international arbitration have played important roles in transforming ICA world-wide since the 1950s into the preferred means of resolving commercial disputes, and some are now helping to lead the way in the burgeoning new field of ISA.

The Australian government has re-emphasised the significance of a vibrant ICA culture by enacting major amendments in July 2010 to the International Arbitration Act (Cth), adopting most of the 2006 revisions to the UNCITRAL Model Law on International Commercial Arbitration as well many other novel provisions. This federal legislation also provides the core for new uniform Commercial Arbitration Acts nation-wide, which apply to domestic arbitrations unless parties agree to conduct them under the International Arbitration Act. Australia’s newly harmonised regime aims to align itself more closely with other major arbitral venues, including several now in Asia, and to generate more ICA activity by promoting cost-effective and timely dispute resolution involving considerable deference to party autonomy. The government is also actively concluding bilateral and regional treaties including ISA provisions to protect private investors against excessive host state interference.

This volume brings together leading Australian practitioners and professors to cover all these developments in historical, comparative and practical perspectives. It introduces the legislative history and key features of the 2010 amendments, including perspectives on issues left unresolved by the amendments, as well as the wider statutory and treaty framework. Other chapters analyse the major sets of Arbitration Rules governing arbitrations involving Australian interests, especially those from ACICA (including its Expedited Rules), UNCITRAL (including its new 2010 Rules) and the ICC.

Reviews

This book, with the depth of learning displayed by the authors in their analysis of a wide range of issues that arise in this [international arbitration] context, will enhance the ability of Australian lawyers to continue to make a contribution to the success of the system. It is a welcome addition to the small library of texts in the field. - Hon J J Spigelman AC, from the Foreword

This book is a timely and valuable analysis of the current arbitral scene in Australia. It will be an invaluable work of reference for both arbitration practitioners and scholars in this field. Indeed, it may fairly be regarded as a part of an unofficial travaux préparatoires of Australia’s new legislation. - David Williams QC, International Arbitration Law Review, 2012

... an extremely knowledgeable and detailed exposition ... - Sally Fitzgerald - www.nzlawyermagazine.co.nz - 5 April 2012, at 25

... written by several leading scholars and practitioners covering all the key features of the Australian regime for international arbitration, including the recent reforms... - Amokura Kawharu, NZLJ (2012)

Table of Contents

Preface by The Hon JJ Spigelman AC

Introduction
Luke Nottage and Richard Garnett

The Legal Framework for International Arbitration in Australia: The Old and the New
Richard Garnett

Enforcement of Foreign Awards in Australia and New Zealand
Richard Garnett and Michael Pryles

ACICA’s Arbitration Rules of 2005—Revisited
Simon Greenberg, Luke Nottage and Romesh Weeramantry

ACICA’s Expedited Arbitration Rules
Jonathon DeBoos, The Hon Clyde Croft, Richard Garnett, Björn Gehle and Luke Nottage

ICC Arbitration and Australia
Simon Greenberg

The UNCITRAL Arbitration Rules Revision: Implications for Australia
The Hon Clyde Croft and Christopher Kee

The Top Twenty Things to Change In or Around Australia’s International Arbitration Act
Luke Nottage and Richard Garnett

Australia’s Investment Treaty Programme and Investor-State Arbitration
Mark Mangan

Revising Investor-State Arbitration Rules in Australia and Japan to Meet Public Interests
Luke Nottage and Kate Miles

Developments in International Commercial Arbitration: The Regulatory Framework
James Crawford

Index

Of interest...