Arbitration2019-09-21T11:33:53+10:00

Overview

Arbitration is a process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner (the arbitrator) who makes a determination. The process is private and, subject to the parties’ agreement, can be confidential. Arbitration offers a flexible and efficient means of resolving disputes both domestically and internationally. The decision of the arbitral tribunal is final and binding. The award is enforceable.

Many commercial and construction disputes are arbitrated in Australia. The Australian Disputes Centre’s dispute resolution clauses are regularly used in commercial contracts across Australia. ADC’s domestic arbitration sample clause and ADC’s Arbitration Guidelines are available free of charge on this website.

In the international arena arbitration can be especially effective as there may be difficulties in litigating the dispute in a jurisdiction acceptable to all parties to a contract. For international commercial disputes, arbitration is particularly useful as it allows cross border transactions to be dealt with impartially by neutral, third party arbitrators and under a neutral legal system chosen by the parties. An award made in an international arbitration is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in any State that is a signatory to the NY Convention giving it a wider and more effective reach than most court judgments.

The Australian Centre for International Commercial Arbitration has formulated its own international arbitration rules which can be referred to in any contract. A model arbitration clause recommended by ACICA is available free of charge from its website.

Industry Insights

  • Case note: In the matter of Infinite Plus Pty Ltd [2017] NSWSC 470 [Here]
  • Influence of the Arbitral Seat in the Outcome of an International Commercial Arbitration [Here]
  • Tribunal Secretaries – back in the limelight [Here]
  • The new ICC Arbitration Rules: improving the efficiency of arbitrating low to medium value disputes [Here]
  • Are banks making the most of arbitration? [Here]
  • Developments in International Arbitration – Khawar Quresi QC [Here]

Practitioners’ resources

  • International commercial arbitration: the courts and the rule of law in the Asia Pacific region – Justice James Allsop [Here]
  • Judicial support of arbitration – Justice James Allsop [Here]
  • Investor-State Arbitration: Evaluating Australia’s Evolving Position – Leon Trakman [Here]
  • The Status of Investor-State Arbitration: Resolving Investment Disputes Under the Transpacific Partnership Agreement – Leon Trakman [Here]
  • Ethical obligations in arbitration – Deborah Lockhart (AIDC Newsletter 2014) [Here]

Upcoming Events

  • Mediation Training - Adelaide
    • Days 1 - 3
      February 26, 2020 - February 28, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      March 2, 2020 - March 3, 2020
      8:30 am - 5:00 pm

      Multidisciplinary Participation ADC’s mediation training is suitable for participants from a broad range of professions and sectors including: business; government; law; tertiary academics and…

  • Conflict Resolution & ADR - Adelaide
    • February 26, 2020
      8:30 am - 5:00 pm

    Have you ever thought 'I could have managed that conflict situation better'? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Adelaide
    • One day Mediation Refresher Training
      March 2, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      March 3, 2020
      8:30 am - 5:00 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation Accreditation Day - Adelaide
    • March 4, 2020
      8:30 am - 5:00 pm

    Industry Approved Pathway to Australian National Mediation Accreditation Internationally approved by the Chartered Institute of Arbitrators 1-Day Accreditation Program ADC’s 5-day mediation course participants who…

  • Mediation Training - Sydney
    • Days 1 - 3
      March 4, 2020 - March 6, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      March 9, 2020 - March 10, 2020
      8:30 am - 5:00 pm

    Your Mediation Training: choose the ADC difference How do you become a nationally accredited mediator, a more effective negotiator, a ‘mediation-skilled’ legal adviser, a more effective…

  • Conflict Resolution & ADR - Sydney
    • March 4, 2020
      8:30 am - 5:00 pm

    Have you ever thought 'I could have managed that conflict situation better'? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Sydney
    • One day Mediation Refresher Training
      March 9, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      March 10, 2020
      8:30 am - 5:00 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation Accreditation Day - Sydney
    • March 11, 2020
      8:30 am - 5:00 pm

    Industry Approved Pathway to Australian National Mediation Accreditation Internationally approved by the Chartered Institute of Arbitrators 1-Day Accreditation Program ADC’s 5-day mediation course participants who…

  • Dispute Resolution and the Abrahamic Faiths
    • Commencing 5.45pm AEDT - State & Territory Time Zones Apply
      March 19, 2020
      5:45 pm - 7:00 pm
  • Mediating in the Headlights of Litigation and Arbitration
    • 1 Day - Commercial Mediation Masterclass & Networking Cocktail Party (Eligible for 8+ CPD Points)
      March 25, 2020
      8:30 am - 5:00 pm
    • All 3 Days - Advanced Commercial Mediation Accreditation (Eligible for 25+ CPD Points)
      March 25, 2020 - March 27, 2020
      8:30 am - 5:00 pm
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