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The Australian Arbitration Option

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The Australian Arbitration Option Asia Pacific Region Professor Doug Jones AO, President, Australian Centre for International Commercial Arbitration – PowerPoint PPT presentation

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Title: The Australian Arbitration Option


1
The Australian Arbitration Option Asia Pacific
Region
Professor Doug Jones AO, President, Australian
Centre for International Commercial
Arbitration Miami, 17 October, 2012.
2
Overview
  • Australia's Legal Framework
  • Australia and the International Arbitration Arena
  • The Australian Centre for International
    Commercial Arbitration
  • The Australian International Disputes Centre

3
Australia's Legal Framework
  • Australia is a federation of 5 states and 2
    territories
  • International Arbitration is governed by the
    Federal Government International Arbitration Act
    1974 (Cth)
  • Domestic Arbitration is governed by the states
    and territories Uniform Commercial Arbitration
    Acts
  • Court decisions are generally followed throughout
    all jurisdictions

4
Australia's Legal Framework
  • What makes Australia a safe and neutral arbitral
    seat?
  • the application of the rule of law
  • an independent, impartial judiciary
  • judicial supervision of arbitral awards and
    enforcement
  • availability of tribunal-granted interim measures
    of protection
  • confidentiality of the arbitral process

5
Supportive judiciary
  • Courts empowered to
  • assist with the taking of evidence
  • enforce and order interim measures
  • appoint an arbitrator
  • Courts must stay proceedings if there is a valid
    arbitration agreement and the dispute is
    arbitrable.
  • s 7(2)(b) IAA, implementing Australia's
    obligations under Art II(3) New York Convention.

6
Supportive judiciary
  • Arbitration lists established in Federal and
    State courts to ensure experienced judges sit on
    cases involving arbitration
  • Special processes in place to ensure that
    arbitrations are not unnecessarily delayed due to
    court involvement
  • Culture of judicial support, not judicial
    interference in arbitration

7
Pro-enforcement approach
  • Australia's judiciary has adopted the
    pro-enforcement policy of the New York Convention
  • "... the public policy of Australia, is to
    enforce such awards wherever possible in order to
    uphold contractual agreements entered into in the
    course of international trade, in order to
    support certainty and finality in international
    dispute resolution..."
  • - Foster J (Uganda Telecom Ltd v Hi-Tech
    Telecom Pty Ltd)

8
Australia's legal profession
  • Australia is home to sophisticated,
    world-recognised legal practitioners who are
    experts in their fields
  • Australia's legal profession comes from diverse
    backgrounds, ensuring familiarity with
    international cultural and commercial practices
  • International legal practitioners are allowed and
    encouraged to practice in international
    arbitration proceedings

9
Australia and the International Arbitration Arena
10
Key features of Australian IA
  • Modern Legislation
  • Supportive Judiciary
  • Right to representation by counsel of choice
  • Sophisticated legal profession
  • Established facilities and logistic support
  • Modest comparative cost

11
UNCITRAL Model Law
  • Australia is one of the few countries to have
    adopted the 2006 amendments to the Model Law
  • Model Law allows uniformity across jurisdictions
  • Party-autonomy and flexibility are key aspects
  • to the Model Law
  • Implemented under both international and domestic
    arbitration legislation

12
International Arbitration Act 1974 (Cth)
  • 2010 Amendments - an investment in future
    growth
  • Adopts 2006 UNCITRAL Model Law Amendments
  • Strengthens finality of awards by limiting
    grounds of recourse
  • Greater empowerment of tribunals to order interim
    measures
  • Clear opt-in confidentiality regime

13
Commercial Arbitration Bill 2010 (Cth)
  • The Commercial Arbitration Bill 2010 (Cth)
    introduces uniform domestic arbitration
    legislation in all Australian States and
    Territories based on the 2006 Model Law
  • Currently implemented across four Australian
    States and the Northern Territory and introduced
    in the other States.
  • This new legislation cements Australia's place as
    a best-practice centre for international and
    domestic arbitration.

14
Centres for Arbitration
15
ACICA
  • Australian Centre for International Commercial
    Arbitration
  • Established in 1985
  • In 2005 launched its own set of arbitral rules
  • Operates in close co-operation with the
    Australian International Disputes Centre

16
ACICA Arbitration Rules
  • Administrative assistance
  • Interim measures of protection
  • ACICA can set an appropriate fee for the
    arbitrator when required
  • ACICA Expedited Rules
  • ACICA Appointment of Arbitrators Rules 2011
  • ACICA Emergency Arbitrator Provisions
  • ACICA is sole default appointing authority

17

The Australian International Disputes Centre
(AIDC) established in August 2010 offers a
premier one stop full ADR service with world
class facilities located in the heart of Sydneys
business district at One Castlereagh Street. -
18


Complimentary quality teas, coffees and
refreshments are available. All necessary
business support services including case
management and trust account administration are
provided by skilled and professional staff.
19

The AIDC is Australias premier ADR
Centre , a one stop shop working to ensure ADR
processes deliver benefits of efficiency,
certainty, expediency, enforceability and
commercial privacy.
The services and facilities AIDC provides,
assist parties with the efficient resolution of
their disputes - essential to maintain profitable
business and build community confidence and
harmony. Available for ACICA, PCA, ICC,
ICDR, LCIA, CIETAC, HKIAC, SIAC, AAA or any other
arbitrations, mediations or other processes.
20

The contemporary corporate environment at AIDC is
enhanced by prominent Australian indigenous
artworks on loan from the Ken Hinds Cultural
Heritage Collection.
21

22
  • The AIDC offers you
  • world class dispute resolution facilities and
    services in a secure business centre environment
  • custom-built rooms equipped with state of the art
    technology and soundproofing
  • flexible facilities that can be configured for
    arbitrations, mediations, adjudications,
    deposition-taking, conferences, seminars and
    meetings
  • accommodation for both large and small hearings
  • fully air-conditioned premises with modern
    furnishings
  • expansive picture windows that draw in city views
    and plentiful natural light

23

24

AIDC Support Services include - general
information and assistance in connection with
dispute resolution (not legal advice or
assistance) - administrative assistance to
facilitate smooth running of the arbitration,
including i. assistance with
alternative venues if AIDC is not available or
another venue might be more appropriate
ii. assistance to facilitate parties and
arbitrators stay in Sydney, including
accommodation and transport bookings -
telephone conferencing facilities in each hearing
and breakout room - wireless access to
internet - whiteboards - microphones and
amplification - video conferencing -
catering - transcription services
25

26

27

28

29

30

31

32
  • The AIDCs one stop shop can help make your
    process smooth and trouble-free.
  • We look forward to welcoming you to the AIDC in
    Sydney soon.

33

Australian International Disputes Centre Hire
Costs in AUD
34

Contact Australian International Disputes
Centre A Level 16, 1 Castlereagh Street Sydney
NSW 2000 Australia P 61 (0) 2 9239 0700 F
61 (0) 2 9223 7053 CEO Michelle Sindler E
MichelleSindler_at_disputescentre.com.au Training
Manager Lynne Richards E LynneRichards_at_disputesc
entre.com.au Room Hire info_at_disputescentre.com.a
u
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