International Arbitration in Australia: Selected Case Notes and Trends
Luke R. Nottage
University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law
August 22, 2012
Australian International Law Journal, Vol. 19, pp. 181-211, 2012
Sydney Law School Research Paper No. 12/53
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, K33Accepted Paper Series
Date posted: August 22, 2012 ; Last revised: May 22, 2013
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