International Arbitration in Australia: Selected Case Notes and Trends
Australian International Law Journal, Vol. 19, pp. 181-211, 2012
38 Pages Posted: 22 Aug 2012 Last revised: 22 May 2013
Date Written: August 22, 2012
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.
Keywords: international arbitration, dispute resolution, Australian law, uniform law, comparative law, insolvency law, maritime law, commercial law
JEL Classification: K10, K13, K33
Suggested Citation: Suggested Citation