Abstract

http://ssrn.com/abstract=2133763
 


 



International Arbitration in Australia: Selected Case Notes and Trends


Albert Monichino


Victorian Bar

Luke R. Nottage


University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law

Diana Hu


Independent

August 22, 2012

Australian International Law Journal, Vol. 19, pp. 181-211, 2012
Sydney Law School Research Paper No. 12/53

Abstract:     
This paper briefly considers caseload statistics and aggregate trends regarding International Arbitration Act (Cth) matters heard by Australian Courts. It then provides selective case notes on 11 judgments rendered since 2010, querying the reasoning and application of the Act in several cases. In light also of some drafting infelicities in the 2010 amendments, the paper concludes that Australia should consider another round of broader statutory reforms. This should be inspired by the legislative activism of major Asia-Pacific venues for international commercial arbitration, especially Hong Kong and Singapore, with similar legislation based on the UNCITRAL Model Law.

Number of Pages in PDF File: 38

Keywords: international arbitration, dispute resolution, Australian law, uniform law, comparative law, insolvency law, maritime law, commercial law

JEL Classification: K10, K13, K33

Accepted Paper Series


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Date posted: August 22, 2012 ; Last revised: May 22, 2013

Suggested Citation

Monichino, Albert and Nottage, Luke R. and Hu, Diana, International Arbitration in Australia: Selected Case Notes and Trends (August 22, 2012). Australian International Law Journal, Vol. 19, pp. 181-211, 2012; Sydney Law School Research Paper No. 12/53. Available at SSRN: http://ssrn.com/abstract=2133763

Contact Information

Albert Monichino
Victorian Bar ( email )
c/- List A Barristers, Owen Dixon Chambers
205 William Street
Melbourne, Victoria 3000
Australia
Luke R. Nottage (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
University of Sydney - Australian Network for Japanese Law
Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia
Diana Hu
Independent ( email )
No Address Available
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