Country Report on Australia for: International Commercial Arbitration – An Asia-Pacific Perspective

107 Pages Posted: 28 Oct 2014 Last revised: 27 May 2015

See all articles by James Morrison

James Morrison

Allens

Luke R. Nottage

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

Date Written: October 23, 2014

Abstract

This paper provides a detailed (100 page) and up-to-date introduction to international commercial and investment treaty arbitration in Australia. Some of the material will be incorporated into a chapter in the forthcoming second edition of Simon Greenberg, Christopher Kee and J. Romesh Weeramantry, International Commercial Arbitration: An Asia-Pacific Perspective (originally published by Cambridge University Press in 2011). The paper therefore focuses on the most topical issues from a comparative perspective (as identified by those three commentators), raised in each of the 10 chapters of that volume. However, this paper also provides an overview of the key provisions found in Australia’s (Model Law based) International Arbitration Act and main arbitration rules, with a particular emphasis on case law developments (including brief case notes) since statutory amendments in 2010. In addition, the paper includes a guide to other major publications related to international arbitration in Australia, especially since 2010.

Keywords: international commercial arbitration, investor-state dispute settlement, arbitration, dispute resolution, Australian law, Commonwealth law, Asian law, comparative law

JEL Classification: K10, K30, K33

Suggested Citation

Morrison, James and Nottage, Luke R., Country Report on Australia for: International Commercial Arbitration – An Asia-Pacific Perspective (October 23, 2014). Sydney Law School Research Paper No. 14/95. Available at SSRN: https://ssrn.com/abstract=2514124

James Morrison (Contact Author)

Allens ( email )

Level 28, Deutsche Bank Place
126 Phillip Street
Sydney, NSW 2000
Australia

Luke R. Nottage

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

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