International Commercial Arbitration in Australia: Legal Framework and Problems

Australasian Dispute Resolution Journal, Volume 19, No. 4, 2008

U of Melbourne Legal Studies Research Paper No. 444

11 Pages Posted: 11 Dec 2009

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: December 8, 2009

Abstract

The object of this short article is to examine the legal framework in Australia with respect to international commercial arbitration. International arbitration in Australia is currently regulated by two main statutory sources: the International Arbitration Act 1974 (Cth) and the Uniform State legislation (in Victoria, the Commercial Arbitration Act 1984) with the Commonwealth Act being the more significant. While the Australian legislation and judicial decisions are generally supportive of international arbitration, there is no doubt that the existence of separate legislative schemes has added considerable complexity to the area. Perhaps attention should be given to creating a single legislative regime as exists in the United Kingdom, New Zealand and Hong Kong, or at least confining the uniform legislation to domestic arbitrations as far as possible.

Keywords: legal framework, Australia, international, arbitration

JEL Classification: K00, K39, K40, K49

Suggested Citation

Garnett, Richard, International Commercial Arbitration in Australia: Legal Framework and Problems (December 8, 2009). Australasian Dispute Resolution Journal, Volume 19, No. 4, 2008, U of Melbourne Legal Studies Research Paper No. 444, Available at SSRN: https://ssrn.com/abstract=1520802

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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