The 2016 Rules of the Australian Centre for International Commercial Arbitration: Towards Further ‘Cultural Reform’

Asian International Arbitration Journal, Vol. 12, No. 2, pp. 211-234, 2016

Sydney Law School Research Paper No. 16/49

22 Pages Posted: 2 Jun 2016 Last revised: 9 Nov 2016

See all articles by Malcolm Holmes

Malcolm Holmes

Eleven Wentworth

Luke R. Nottage

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

Robert Tang

Allen & Overy LLP

Date Written: May 31, 2016

Abstract

This commentary on the 2016 ACICA Arbitration Rules highlights key changes aimed primarily at enhancing the efficiency of international arbitration proceedings in Australia. These may contribute directly, but also indirectly by prompting further legislative reforms, to an ongoing ‘cultural reform’ towards enhanced autonomy for parties and arbitral tribunals. The main changes in the 2016 Rules include: (i) expedited procedures automatically applied (in principle) to disputes of up to $5 million, (ii) guidelines for party representatives as well as arbitrators, (iii) preliminary conferences raising the possibility of other dispute settlement techniques, (iv) extensive provisions on consolidation and joinder, and (v) awards of in-house counsel costs or against recalcitrant respondents who delay paying deposits. The paper ends by sketching several new possibilities for further reducing costs and delays in international commercial arbitration, which may be incorporated into institutional guidelines or future Rule amendments.

Keywords: international commercial arbitration, dispute resolution, asian law, commonwealth law

JEL Classification: K10, K30, K33

Suggested Citation

Holmes, Malcolm and Nottage, Luke R. and Tang, Robert, The 2016 Rules of the Australian Centre for International Commercial Arbitration: Towards Further ‘Cultural Reform’ (May 31, 2016). Asian International Arbitration Journal, Vol. 12, No. 2, pp. 211-234, 2016; Sydney Law School Research Paper No. 16/49. Available at SSRN: https://ssrn.com/abstract=2786839 or http://dx.doi.org/10.2139/ssrn.2786839

Malcolm Holmes

Eleven Wentworth ( email )

180 Phillip Street
Sydney, NSW 2000
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

Robert Tang

Allen & Overy LLP ( email )

Level 25
85 Castlereagh Street
Sydney, NSW 2000
Australia

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