The International Arbitration Act Matters in Australia: Where to Litigate and Why (Not)

The Arbitrator and Mediator, Vol. 35, No. 1, pp. 91-104, 2016

Sydney Law School Research Paper No. 16/94

21 Pages Posted: 1 Nov 2016 Last revised: 14 Mar 2017

See all articles by Diana Hu

Diana Hu

Corrs Chambers Westgarth

Luke R. Nottage

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

Date Written: October 31, 2016

Abstract

This article assesses trends in Australian court litigation involving the International Arbitration Act, especially since major amendments in 2010. It focuses on a (somewhat surprising) increase in judgments, proportions of cases being filed in federal or other courts, (largely unchanged) case disposition times and appeals. More efforts, including another round of significant legislative reforms, are needed to promote further "cultural change" for arbitration in Australia.

Keywords: Dispute resolution, judicial process, international arbitration, comparative law, Commonwealth law

JEL Classification: K10, K30, K33

Suggested Citation

Hu, Diana and Nottage, Luke R., The International Arbitration Act Matters in Australia: Where to Litigate and Why (Not) (October 31, 2016). The Arbitrator and Mediator, Vol. 35, No. 1, pp. 91-104, 2016; Sydney Law School Research Paper No. 16/94. Available at SSRN: https://ssrn.com/abstract=2862256

Diana Hu

Corrs Chambers Westgarth ( email )

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

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