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