March 29, 2019 posted by

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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That these jurisdictions have been influential in the drafting of the new rules is evident from the similarities acixa them. Please contact customerservices lexology. The applicant sought a stay on the arbitratuon that the award in the latter proceedings would constitute a substantial set-off of the money judgment.

In Australia, third party funding of litigation is not prohibited by the common law doctrines of maintenance and champerty. The team is known for its world-class practitioners. Strong and steady growth of the Australian economy over much of the arbitratiob two decades and the opening of Asian markets have accelerated a growing trend towards the use of arbitration in other areas, particularly the energy and trade sectors.

Clayton Utz is committed to the development and study of international arbitration and international dispute resolution in Australia and the Asia-Pacific region. Failure to do so could lead to the unsavoury outcome where an arbitration was not confidential, despite a party having at all times intended to resolve the commercial dispute on a confidential basis.

In addition, the ACICA Rules require arbitrators to adopt certain case management practices including conferencing and measures to encourage settlement by the parties article This case reflects the strongly pro-enforcement attitude of Australian courts to enforcing arbitral awards. Doug Jones is well known throughout the international arbitration community and has advised and represented clients in major international transactions, projects and disputes throughout the world under all of the major arbitration rules and regimes.

Disclaimer Privacy policy contactus allens. Login Register Follow on Twitter Search. The changes are in response to recent developments in the region and bring the rules into line with the best practice of other international arbitration centres.

Therefore, by accepting the ACICA Rules, parties also accept to be bound by the emergency rules and any decision of an emergency arbitrator.

The latest changes by ACICA are valuable reforms that will serve to better meet the needs of those engaged in international trade and commerce.

Asian Dispute Review

Subpoenas under the IAA: A third party funding arrangement for arbitration commonly provides that the third party funder will pay the funded party’s legal and other costs of the arbitration in return for a percentage of the award. We have partners and over 1, employees based in six offices around the country Sydney, Melbourne, Brisbane, Canberra, Darwin and Perth.


The Model Law and the CAAs do not prescribe time limits for delivery of the award and delays in rendering an award do not result in the termination of the arbitral proceedings.

Confidentiality is widely recognised as a key advantage of arbitration. Australia May 10 The IAA is expressly subject to section 11 of the Carriage of Goods By Sea Act Cthwhich renders void an arbitration agreement contained in a bill of lading or similar document relating to the international carriage of goods to and from Australia, unless the designated seat of the arbitration is in Australia.

The IAA and CAAs both provide that arbitrators are not liable for negligence in respect of anything done or omitted to be done in their capacity as arbitrators with the exception of fraud. While the number of investment arbitrations involving Australian parties is expected to increase significantly over the next decade, the level of awareness about the availability of investment protection under investment treaties still needs to be raised.

The Model Law does not contemplate any right to appeal for errors of law.

This position has now been reversed so that the default position is that proceedings are confidential, unless the parties opt out. 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. The survey sheds light on international arbitration trends adica examines improvements and innovations in the arbitral process.

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. Our NPG structure allows us to focus on the needs of individual sectors of commerce and industry by supporting rupes with precise and specialised areas of legal practice.

Awards made in these countries will now be enforceable in Australia. Alternatively, an investor can commence arbitration under:.

Legislative powers in Australia are divided between the Commonwealth of Australia, as the federal entity, and the six states and two territories.

Some standard form contracts, particularly in the construction industry and the banking and finance sector, still make rlues of this approach. Similarly, article 8 of the Model Law mandates a stay of proceedings where there is a valid arbitration agreement. 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.


Asian Dispute Review – Kluwer Law Online

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. Under article 29 of the Model Law, any decision of the arbitral tribunal must be made by a majority of its members, but the presiding arbitrator may decide procedural questions if authorised by the parties or the arbitral tribunal.

Significantly, Australia was one of 12 nations to sign the Trans-Pacific Partnership TPP on 4 Februaryfollowing over seven years of negotiations. The only available avenue for recourse against international awards is to set aside the award article 34 2 of the Model Law.

There is, however, authority suggesting that a third party can be bound by an arbitration agreement in the case of fraud or where a company structure is used to mask the real purpose of a parent company see Sharrment Pty Ltd v Official Trustee in Bankruptcy 18 FCR The perceived effectiveness of comparable regimes is of particular importance to arbitral institutions, as parties remain at liberty to select whichever arbitration rules they choose, and may be less inclined to adopt rules that lack features that have gained broad acceptance.

However, at the time of writing, it appears that the TPP is unlikely to enter force following the withdrawal of the United States in January For all other circumstances, article 11 of the Model Law and section 11 of the CAAs prescribe a procedure for the appointment of arbitrators. 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.

However, arbitrators must be impartial and independent, and must disclose circumstances likely to give rise to justifiable doubts as to their impartiality or independence. In either situation, parties may elect to either represent themselves or choose to be represented by a legal practitioner or any other person.

In addition, in-house counsel wanted arbitration counsel to further encourage settlements, including by using mediation during an arbitration. Furthermore, the emergency arbitrator provisions in the ACICA Rules enable the appointment of an emergency arbitrator in arbitrations commenced under the ACICA Rules but before the case is referred to an arbitral tribunal.