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Peter McQueen discusses Australian court decisions over the last year which have confirmed emphatically that Australia is an arbitration-friendly and pro-enforcement jurisdiction, noting its leading edge legislation, the International Arbitration Act 1974(Cth) as amended in 2010 (IAA), which governs international commercial arbitration conducted at Australian seats of arbitration.
The jurisprudence arising from those decisions includes:
In order for an arbitration seat to be chosen as a place in which to conduct arbitration, it must be attractive to commercial parties, having a combination of features.That combination of features are its arbitration legislation, its courts, its arbitration practitioners and its facilities and its support services:
The writer, while making disclosure of his Australian nationality and his involvement as a Director of the Australian Centre for International Arbitration (ACICA) and as the Chair of the Australian Maritime and Transport Arbitration Commission (AMTAC), argues that Australian seats of arbitration do have a compelling combination of such features and are thereby attractive to commercial parties.
Customers of Lexis®PSL Arbitration can find further details of the legislative regime and the decisions in the LexisNexis Practice Notes International Commercial Arbitration –Australia Part 1 and Part II. Click here for a free trial of Lexis®PSL.
Peter McQueen is an arbitrator, mediator and facilitator
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