Development in International Arbitration in Australia Khory McCormick BA LLM FCI Arb. ICC Seminar: International Arbitration in Australia and Beyond Melbourne.

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Presentation transcript:

Development in International Arbitration in Australia Khory McCormick BA LLM FCI Arb. ICC Seminar: International Arbitration in Australia and Beyond Melbourne Australia 10 August 2011

Content of Session Khory: Briefly outline the current dynamic arbitration scene in Australia : Briefly outline the operation of the International Commercial Arbitration Act (Cth) 2010 especially in relation to: scope of the Act an exclusive code confidentiality interim measures transitional provisions

Content of Session (cont’d) Albert:  Discuss the need for uniformity in approach to international commercial arbitration in Australian courts  Outline the case for a change of legal framework John:Aspects of the enforcement of international commercial arbitral awards

The Federal Agenda International Commercial Arbitration Act (Cth) 2010 [Australian Centre for International Commercial Arbitration: an appointing authority] Federation at work Civil Disputes Resolution Act (Cth) 2010 A broad ‘appropriate’ dispute resolution agenda Federal courts warm to international arbitration but pause on the extension of ADR. Some States pause.

The State Agenda ‘More’ alternative dispute resolution Uniform domestic arbitration

The Profession Heightened interest in larger law firms and the Bar (and sections of the judiciary) The entry of international law firms with established competency into the Australian legal market The relevance of the service offering in regional markets – questions of regional relevance and market share

The Clients Increasing understand the product offering Increasing understand alternatives and continue to support ad hocs, hybrids and other alternatives Are not generally committed to particular institutions or institutional rules Are more concerned with speed, certainty, fairness, quality and enforceability of outcome

The Courts A patch work, a work in progress towards an agreed approach Not a unitary system The federal/state dynamic

Scope of the Act An Exclusive Code Confidentiality Interim Measures Transitional Provisions

Questions? Thank you

Albert

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