International Commercial Arbitration in Australia: Legal Framework and Problems
Australasian Dispute Resolution Journal, Volume 19, No. 4, 2008
11 Pages Posted: 11 Dec 2009
Date Written: December 8, 2009
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: Suggested Citation