International Arbitration in Australia: Selected Case Notes and Trends

Australian International Law Journal, Vol. 19, pp. 181-211, 2012

Sydney Law School Research Paper No. 12/53

38 Pages Posted: 22 Aug 2012 Last revised: 22 May 2013

See all articles by Albert Monichino

Albert Monichino

Victorian Bar

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Diana Hu

Corrs Chambers Westgarth

Date Written: August 22, 2012

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.

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

JEL Classification: K10, K13, K33

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: https://ssrn.com/abstract=2133763

Albert Monichino

Victorian Bar ( email )

c/- List A Barristers, Owen Dixon Chambers
205 William Street
Melbourne, Victoria 3000
Australia

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

Diana Hu

Corrs Chambers Westgarth ( email )

Australia

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