Bjorn Gehle wrote a detailed examination of the ACICA Rules. The Arbitration Rules of the Australian Centre for International Commercial. These rules (“Rules”) are the rules of arbitration of the Australian Centre for InternationalCommercial Arbitration. This changed significantly in when ACICA launched its own institutional arbitration rules, known as the ACICA Arbitration Rules (“ACICA Rules” or “Rules ”).

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The IAA now includes detailed provisions dealing with the consolidation of proceedings, which apply if the parties expressly agree to them. In the landmark decision of Comandate Marine Corp v Pan Australia Shipping [] FCAFCthe Federal Court of Australia confirmed its position that an arbitration clause contained in an exchange of signed letters is sufficient to fulfil the written requirement. Australia is, now more so than ever, well placed to serve as a seat for international arbitration, with a now well-developed and tried and tested legislative framework that supports the fair and efficient resolution of disputes by means of arbitration and the enforceability of arbitral awards produced through arbitration.

This is expected to happen within approximately two years. The Model Law does not contemplate any right to appeal for errors of law. Following agreement on the text of the TPP, it must now be ratified by the respective national legislatures.

You are currently accessing Global Arbitration Review via your firmwide account. On that note, the survey shows that mediation remains a much lesser used method for resolving cross-border disputes and the idea of having an arbitration run concurrently with a separate mediation for the same dispute was unsurprisingly not favoured by respondents.

Enforcement Often, in practice, the most important moment for a party that has obtained an award is the enforcement stage. This consultation paper from the Hong Kong Law Reform Commission is another sign of Hong Kong’s commitment to attract the international arbitration community to continue to use Hong Kong as a seat in international arbitrations.

The Australian Centre for International Commercial Arbitration has recently updated their arbitration rules. Further, under the Model Law, courts may order interim measures irrespective of whether the arbitration is seated in that country. Where multiple claims are brought by one party, but only some of which are capable of settlement by arbitration, the courts have approached this issue by staying court proceedings only for those claims it considers capable of settlement by arbitration see Hi-Fert v Kiukiang Maritime Carriers ALR The survey noted the continuing popularity of international arbitration with 90 per cent of respondents indicating that it was their preferred dispute resolution mechanism for resolving cross-border disputes.


The chapter also includes a modern investor-State dispute settlement ISDS mechanism, which permits investors to enforce these protections through consultation and negotiation, or failing these processes, through binding international arbitration. Courts will generally interfere only if specifically requested to do so by a party or the tribunal, and adica where the applicable law allows them to do so.

Legislative powers in Australia are divided rabitration the Commonwealth of Australia, as the federal entity, adica the six states and two territories. While 70 per cent arhitration respondents thought that there was a sufficient level of regulation in international arbitration, many indicated that certain actors, including third party funders 71 per centarbitrators 55 per cent and tribunal secretaries 68 per cent should be the subject of greater regulation.

Courts may also enforce interim measures issued by a foreign arbitral tribunal article 17H of the Model Law. All states and territories, except the Australian Capital Territory, have passed uniform domestic arbitration legislation adopting the Model Law, ensuring that Australia has a largely consistent domestic and international arbitration legislative framework in line with the international benchmark.

Asian Dispute Review

Australia has acceded to the New York Convention without abritration. In a press release, the HKIAC stated that the launch of the system was a response to the preferences expressed in the Arbtration Mary International Arbitration Survey which indicated that users were looking for greater transparency on arbitrator availability and performance.

However, the arbitrability of commercial disputes is not without its limits. Even though respondents identified the length and cost of international arbitration as its most problematic features, they did not select a clear winner when presented with a list of potential innovations to control those issues. Third parties There are very limited circumstances in which arbitation third party who is not privy to the arbitration agreement may be a party to the arbitral proceedings.

Party representation There is great flexibility regarding legal representation in international arbitrations under the IAA and domestic arbitrations under the CAAs. Richardson President Association of Corporate Counsel.

For international arbitrations, Australian courts support the autonomy of international arbitration and will stay court proceedings in the presence of a valid arbitration agreement broad enough to cover the dispute, assuming the subject matter of the dispute is arbitrable.

Australian courts have taken a broad view on the scope of commercial disputes that are capable of settlement by arbitration ie, arbitrable. Parties are generally free to tailor the arbitration procedure to their particular rulee, provided they comply with fundamental principles of due process and natural justice.

Recent changes to the ACICA Arbitration Rules – Lexology

Arbitration has become abritration common in international disputes. For awards made within Australia, either article 35 of the Model Law for international arbitration awards, or section 35 of the CAAs for domestic awards, applies. The Court held that this ground did not warrant a stay and the respondent was entitled to the fruits of the arbitral process into which the parties had freely entered.


In OctoberQueen Mary University of London released its latest comprehensive survey about the arbitrztion of international arbitration. We have partners and over 1, employees based in six offices around the country Sydney, Melbourne, Brisbane, Canberra, Darwin and Perth.

These amendments ensure that the IAA remains consistent with current international best practice and that Australia remains an attractive seat for arbitrations in the region. The enforceability of awards was viewed as the most valuable characteristic, and confidentiality and privacy were of particular importance arbitratiln in-house counsel. Primary sources of arbitration law Legislative powers in Australia are divided between the Commonwealth of Australia, as the federal entity, and the six states and two territories.

So far, no cases have been reported where this requirement was tested against the somewhat broader obligations under the New York Convention and, given the ever-increasing number of Convention countries, the likelihood that this requirement will become of practical relevance is decreasing. While the results of individual evaluations will not be published, it is expected that the new system will encourage a greater sense of accountability among arbitrators who will inevitably be more conscious of their performance.

Investor-state arbitration From an Australian perspective, the opening of foreign markets, especially in Asia, is also increasing the significance of the protection of foreign direct investment under the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States the ICSID Convention.

Arbitrations seated in Australia now enjoy confidentiality by default section 23Csubject to a limited number of narrow exceptions, such as where the parties expressly agree otherwise sections 23DG.

Recourse against award The only available avenue for recourse against international awards is to set aside the award article 34 2 of the Model Law. An earlier round of important amendments was made in Stay of proceedings Provided the arbitration agreement is drafted widely enough, Australian courts will stay proceedings in face of a valid arbitration agreement.

Michael Ilott Partner, Brisbane Ph: Clayton Utz is a full-service firm with 14 national practice groups NPG: