International Commercial Arbitration in Australia

Similar documents
TCL Airconditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5: A Case Note

10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Myanmar

Arbitration and ADR in Australia meeting the needs of international trade and commerce

Finnish Arbitration Act in light of the Model Law

THE CHARTERED INSTITUTE OF ARBITRATORS (AUSTRALIA) LIMITED ACN AND

INTERNATIONAL ARBITRATION WORKSHOP PALAIS DE JUSTICE

60 TH UIA CONGRESS BUDAPEST/HUNGARY - OCTOBER 28 - NOVEMBER 1, 2016

10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Kazakhstan

International Commercial Arbitration - An Introduction. Steven Lim Managing Partner, Singapore, Nabarro LLP 12 October 2016

BACKGROUND INFORMATION ON THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID)

Comparison between SCC arbitration and CIETAC arbitration

BACKGROUND INFORMATION ON THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID)

Supplement for Stewart s Guide to Employment Law Third Edition. February 2012

BEST PRACTICES IN INTERNATIONAL ARBITRATION. Summary of Contents

CONTENTS. KLRCA ARBITRATION RULES (As revised in 2017) UNCITRAL ARBITRATION RULES (As revised in 2013) SCHEDULES. Part I. Part II.

The Emergency and its Arbitrator Efficient or Illusion? Kiev Arbitration Days 3 November 2017 James Castello

Trends, Issues and Reforms of Arbitration Laws in India

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: Facsimile:

SUPREME COURT OF QUEENSLAND

Arbitration Expanding Opportunities for Lawyers. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar

Finnish Arbitration Act (23 October 1992/967)

SAMPLE. Professional Indemnity Insurance (PII) Policy 2018/19. lawcover.com.au Page 1

OFFICE OF LEGAL AFFAIRS

A Guide to Arbitration in the Cayman Islands

Your Arbitration Agreement Matters: Tips for Drafting Effective Arbitration Clauses in the U.S. Andrew Behrman February 2017

FRANCHISING DISPUTES IN INDIA CHOICES DICTATE THE CONSEQUENCES

ASEAN Law Association

Précis Paper: Julian Sexton SC and Ian Benson on Total and Permanent Disability in Life Insurance

CASE STUDY: INTERNATIONAL ARBITRATION FRAMEWORK AND PRACTICE IN TURKEY by BENNAR AYDOĞDU 1

MALCOLM HOLMES QC, BA, LLB (Sydney), BCL (Oxon), FCIArb

Arbitration in Hong Kong Latest Trends and Developments

GOOD NEWS FOR D&O POLICYHOLDERS ON DEFENCE COSTS - AUSTRALIAN POSITION ON BRIDGECORP CLARIFIED

Arthur X. DONG. Partner, AnJie Law Firm. CONTACT INFORMATION Direct: Fax:

Legal Sources. 17 th Willem. C Vis International Commercial Arbitration Moot / 7 th Willem C. Vis International Commercial Arbitration Moot (East)

UNIFORM ACT ON ARBITRATION

SUPREME COURT OF QUEENSLAND

10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Colombia

NEWS. Mixed messages: developments in recognition of foreign arbitral awards in Russia

Document Production: How to Obtain the Documents you Need ASA BELOW 40 / DIS 40 DEUTSCHE INITIATIVE JUNGER SCHIEDSRECHTLER SEMINAR.

ARBITRATION ACT 2005 REVISED 2011 REGIONAL RESOLUTION GLOBAL SOLUTION

Developments. Dust Diseases

Swiss Arbitration Joint Seminar by Homburger and Rentsch Legal. January 24, 2013

PRODUCTION OF DOCUMENTS - SWEDISH SUPREME COURT CONFIRMS A CONTINUING ARBITRATION-FRIENDLY APPLICATION IN SWEDISH COURTS. Christina Blomkvist, LL.

DOING BUSINESS IN AUSTRALIA

INTERNATIONAL COMMERCIAL ARBITRATION - THE ESSENTIALS.

12 September 2011: Release of the New ICC Rules of Arbitration.

THE CULTURE CHALLENGE FROM LITIGATION TO SETTLEMENT

IMPLEMENTING LEGISLATIVE REFORM: THE SOUTH AUSTRALIAN STORY

INTERNATIONAL CHAMBER OF COMMERCE - PALESTINE

BOOK REVIEW COMMERCIAL ARBITRATION IN AUSTRALIA BY DOUG JONES BENJAMIN HAYWARD* (Lawbook Co, 2011) 626 pages. ISBN (paperback)

Arbitration News. Newsletter of the International Bar Association Legal Practice Division. Vol 14 No 2 SEPTEMBER 2009

COMPARISON OF ARBITRATION RULES COMPARISON OF ARBITRATION RULES ICC UNCITRAL KLRCA. HKIAC HONG KONG INTERNATIONAL

ARBITRATION AND CONCILIATION (AMENDMENT) ACT, KEY CHANGES AND CIRCUMSTANCES LEADING TO THE AMENDMENTS

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions

Liability limited by a scheme approved under Professional Standards Legislation. elevenwentworth.com

10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Vietnam

Yugraneft v. Rexx Management: Limitation periods under the New York Convention A Case Comment by Paul M. Lalonde & Mark Hines*

Myanmar a new law for a new era

1. International Commercial Arbitration

Authentication and Recognition Issues in Cross-Border Interoperability of the Australian Integrated Cargo System

Ann Ryan Robertson International Partner

Tax Time Monthly NOVEMBER 2017 INCOME TAX SUPERANNUATION STATE TAXES

THE EVOLUTION OF INTERNATIONAL ARBITRATION

INTERIM REPORT OF REVIEW PANEL REVIEW OF THE FINANCIAL SYSTEM EXTERNAL DISPUTE RESOLUTION AND COMPLAINTS FRAMEWORK

Commission on Settlement in

UNIFORM ACT ON ARBITRATION

AALCC Dispute Settlement and the UNCITRAL Arbitration Rules

WELCOME TO OUR WEBINAR International Arbitration Clauses for Franchise Agreements

INSURANCE BROKERS CODE OF PRACTICE

ARBITRATION CONFERENCE

RESOLVING COMPLEX INTERNATIONAL DISPUTES USE OF THE ENGLISH JURISDICTION FOR EFFECTIVE DISPUTE RESOLUTION. Andrew Manning Cox

Introduction to Arbitration and Dispute Resolution under FIDIC. Dr. Asanga Gunawansa Attorney-at-Law

JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 40 of 142

NCAT ORDERS OWNERS CORPORATION TO PAY COMPENSATION TO LOT OWNER

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

There are few better places than Australia in which to bring a class-action, with 2013 already a bumper year for settlements and funding arrangements.

MALCOLM HOLMES QC. International Arbitrations;

Why Finland Should Adopt the UNCITRAL Model Law on International Commercial Arbitration Christopher R. Seppälä

SUBMISSIONS ON THE DEPARTMENTAL REPORT FOR THE JUSTICE COMMITTEE ON THE ARBITRATION AMENDMENT BILL 2017

STANS ENERGY CORP. Interim Condensed Consolidated Financial Statements. For the three and nine months ended September 30, 2018 and 2017 (Unaudited)

NOTICE TO MEMBERS. TAKE NOTICE that John Richard Park, the liquidator of LMIM, has applied to the Supreme Court

INTERNATIONAL ARBITRATION ACT 2008

United Nations Commission on International Trade Law

2018 Accord on Fire and Building Safety in Bangladesh: May 2018

Professional Experience

SYARIHAH RAZMAN. Partner.

THE YEAR THAT WAS. Important High Court Insurance Cases In 2010

Professional Indemnity Insurance - Claims made and notified policies - Sections 54 and 40(3) of the Insurance Contracts Act 1984 (Cth)

The New French Arbitration Law: One Step Forward, Two Steps Back?

Impact of accounting standards on insurance statistics

Theodoor Bakker FCIArb Graha CIMB Niaga, 24th Floor Jln. Jend. Sudirman Kav. 58 Jakarta 12190

Parliamentary Committee recommends fairer ATO processes and an independent Appeals area

In the matter of an arbitration under the UNCITRAL Arbitration Rules. between

THE AUSTRALIAN ARBITRATION FRAMEWORK


CURRENT COMMERCIAL ARBITRATION PRACTICE AND DEVELOPMENTS IN KENYA AND EAST AFRICA

Annex Tabular presentation of framework for discussion

CORPORATIONS LAW SUMMARY 2011

ON FOREIGN INVESTMENT

Professional Standards Scheme Briefing paper for lawyers August 2017

Transcription:

International Commercial Arbitration in Australia 1 April 2013 KLRCA - Joint Seminar Kuala Lumpur Professor Doug Jones AO President, John Wakefield Fellow,

Overview Australia's Legal Framework Australia and the International Arbitration Arena The Australian Centre for International Commercial Arbitration () The Australian International Disputes Centre (AIDC)

Australia's Legal Framework Australia is a federation of 6 states and 2 territories International Arbitration is governed by the Federal Government: International Arbitration Act 1974 (Cth) Domestic Arbitration is governed by the states and territories: Uniform Commercial Arbitration Acts Court decisions are generally followed throughout all jurisdictions

Australia's Legal Framework, cont. What makes Australia a safe and neutral arbitral seat? mandatory stay provisions for judicial proceedings brought when valid arbitration agreement has been established and dispute is arbitrable pro-enforcement approach of courts judicial supervision of arbitral awards and enforcement availability of tribunal-granted interim measures of protection confidentiality of the arbitral process

Australia and the International Arbitration Arena

Key Features of Australian IA Modern Legislation Supportive Judiciary Right to representation by counsel of choice Sophisticated legal profession Established facilities and logistic support Modest comparative cost

International Arbitration Act 1974 (Cth) 2010 Amendments - an investment in future growth Adopts 2006 UNCITRAL Model Law Amendments Strengthens finality of awards by limiting grounds of recourse Greater empowerment of tribunals to order interim measures Clear opt-in confidentiality regime

International Arbitration Act 1974 (Cth) and the High Court of Australia: TCL Air Conditioner TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia & Anor [2013] HCA 5 Arbitral award made pursuant to international arbitration conducted in Australia sought to be enforced against TCL under the Arbitration Act TCL challenged the constitutionality of the Act: institutional integrity impaired if Australian court required to enforce arbitral awards with no power to review for error (eg. award on its face contains an error of law) arbitral tribunal impermissibly vested with judicial power of the Commonwealth High Court unanimously dismissed the application and upheld validity of Act and the application of the Model Law in Australia Arbitration private and consensual Court referred to the widely shared modern policy of recognising and encouraging arbitration as a valuable method of settling disputes arising in international commercial relations as reflected in the Arbitration Act 1974 (Cth)

Commercial Arbitration Bill 2010 (Cth) The Commercial Arbitration Bill 2010 (Cth) introduces uniform domestic arbitration legislation in all Australian States and Territories based on the 2006 UNCITRAL Model Law Currently implemented across four Australian States and the Northern Territory and introduced in the other States This new legislation cements Australia's place as a bestpractice centre for international and domestic arbitration

Commercial Arbitration Act 2010 (NSW) and the Supreme Court of NSW: Ashjal In NSW - Supreme Court of NSW rejected challenge to the constitutionality of the Commercial Arbitration Act 2010 (NSW) Ashjal P/L v Alfred Toepfer International (Aus) P/L [2012] NSWSC 1306 Ashjal sought to disturb arbitral award under which it was liable to pay $119,000 Under the Act, no appeal on a question of law unless the parties agree and the court grants leave no agreement and no leave granted Ashjal argued the Act went beyond the legislative power of the NSW Parliament: Limitations on review and/or appeal power as constitutionally entrenched ; power to enforce an award required judicial analysis of its content and correctness Court upheld constitutionality of Act consensual nature of arbitration

Centres for Arbitration

Australian Centre for International Commercial Arbitration Established in 1985 In 2005 launched its own set of arbitral rules Operates in close co-operation with the Australian International Disputes Centre

, cont. Administrative assistance Interim measures of protection can set an appropriate fee for the arbitrator when required Expedited Rules Appointment of Arbitrators Rules 2011 Emergency Arbitrator Provisions is sole default appointing authority

AIDC Australian International Disputes Centre Established in 2010 Offers a premier one stop full ADR service with world class facilities and located in the heart of Sydney s business district

Professor Doug Jones AO John Wakefield