Arbitration in Australasia

Arbitration in Australia

Arbitration—Australia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Australia published as part of the Lexology Panoramic by Law Business Research (published: July 2022). See Practice Note: Arbitration—Australia—Q&A guide.

Arbitration in Australia—an introduction to the International Arbitration Act 1974

This Practice Note discuss the Australian International Arbitration Act 1974 (IAA 1974), highlighting some of its key provisions and its relationship with other arbitral regimes such as the UNCITRAL Model Law. The note covers the objects of IAA 1974, the position on the arbitration agreement, separability and competence, opt-in and opt-out provisions, arbitrators, mandatory rules, court assistance, confidentiality, awards, challenge of awards, and representation in proceedings. The Practice Note also covers jurisprudence relating to the constitutionality of IAA 1974. See Practice Note: Arbitration in Australia—an introduction to the International Arbitration Act 1974.

Arbitration in Australia—recognition and enforcement of foreign awards

This Practice Note sets out how foreign arbitral awards are recognised and enforced in Australia. It covers the recognition and enforcement of foreign arbitral awards, the legislative scheme and objects of the International Arbitration Act 1974 and the issue of public

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Latest Arbitration News

‘Any dispute arising out of or in connection with this contract’—Singapore Court of Appeal clarifies scope of arbitration agreement (COSCO Shipping v PT OKI)

Arbitration analysis: This case involved an appeal against the dismissal of an application for an anti-suit injunction restraining the first respondent from continuing foreign court proceedings which had allegedly been brought in breach of an arbitration agreement. Although the foreign court proceedings involved a tortious claim in respect of damage to a trestle bridge caused by a vessel owned by the appellant, it was held that the claim arose out of or was in connection with certain bills of lading evidencing contracts of carriage entered into between the appellant and the first respondent, and had therefore been brought in breach of the arbitration agreement contained in each bill of lading. The appeal was allowed, and an anti-suit injunction granted. In the course of its decision, the court clarified the ambit and scope of the phrase ‘dispute arising out of or in connection with this contract’, which (either in these exact terms or some variation thereof) is commonly found in dispute resolution agreements. The court also provided useful guidance on when a dispute beyond the terms of a contract may nonetheless fall within the scope of an arbitration clause employing such terms. Written by KOH Swee Yen senior counsel, head (International Arbitration Practice) and partner (Commercial & Corporate Disputes Practice) at WongPartnership LLP, and Samuel LOW, associate at WongPartnership LLP.

Arbitration or not arbitration? (Bugsby Property LLC v Omni Bridgeway (Fund 5) Cayman Invt Ltd)

Arbitration analysis: An agreement varying a litigation funding agreement contained a clause providing that any party shall be entitled to resolve a dispute by referring it to a KC who would be instructed to provide a final and binding opinion. The court held that the claimant did not have a good arguable case that the clause was an arbitration agreement, and the court could not, therefore, appoint an arbitrator pursuant to section 18 of the Arbitration Act 1996. Written by Jennifer Haywood, barrister, arbitrator and mediator at Serle Court.

Malaysia (stay of court proceedings in favour of arbitration) Court of Appeal provides guidance on approach to be taken when considering a stay application (Asia Pacific Higher Learning Sdn Bhd v Stamford College (Malacca) Sdn Bhd)

Arbitration analysis: In dismissing an application to stay court proceedings pending a reference to arbitration, the Malaysian Court of Appeal (“Court of Appeal”) clarified the approach that ought to be taken by the courts when considering a stay application under Section 10 of the Malaysian Arbitration Act. When there is plainly an arbitration agreement but an assertion is made that the arbitration agreement was invalidated because it is null and void, inoperative or incapable of being performed, the courts should apply the ‘just and convenient’ approach, ie—in a situation where both the court and the arbitral tribunal have jurisdiction and power to investigate and conclude on the validity of an arbitration agreement, the appropriate forum to do so must be the, on balance, more just and convenient forum, having regard to the facts and circumstances in issue. This contrasts with the situation where the existence of the arbitration agreement itself is in issue. In such circumstances, the courts should adopt the ‘prima facie approach’ which is to consider whether there is prima facie an arbitration agreement to resolve disputes. If so, the court should then stay the proceedings and leave the dispute to be decided by the arbitral tribunal. Written by Asya Jamaludin, partner at CMS Cameron McKenna Nabarro Olswang (Singapore) LLP.

SIAC unveils new arbitration rules for 2025 with significant procedural enhancements

The Singapore International Arbitration Centre (SIAC) has announced the release of its 7th edition of Arbitration Rules, set to take effect on 1 January 2025. The SIAC Rules 2025 introduce several key innovations, including new procedures such as the Streamlined Procedure, Preliminary Determination and Coordinated Proceedings. The rules also expand the scope of the Expedited Procedure, enhance the Emergency Arbitrator process and incorporate the SIAC Gateway online case management system. Additionally, SIAC has revised its Schedule of Fees, offering a 50% discount on administration and arbitrator fees for low-value disputes utilising the new Streamlined Procedure. These changes aim to improve the efficiency and integrity of SIAC-administered arbitrations, reflecting the centre's experience in handling over 3,000 international cases since 2016.