Arbitration has long been the dispute resolution method of choice for transactions that cross international borders.
While its use has traditionally been prevalent in construction, infrastructure and natural resources transactions, it is increasingly popular in sectors that might previously have opted for litigation, including big tech, the pharmaceutical industry, and banking and finance. It is also progressively adopted by parties involved in M&A and other corporate transactions.
The Introduction to Arbitration: A User’s Guide (Second Edition) has been developed to help users of arbitration understand the fundamental tenets of this dispute resolution method, avoid the common pitfalls when drafting arbitration clauses, and successfully navigate the lifecycle of an arbitration.
Relevant to foreign investments, the Guide also provides an introduction to protections and dispute resolution mechanisms available under investment treaties, many of which enable investors to recover damages in arbitration directly against the states in which they invest in the event state measures adversely affect their investment.
The Second Edition includes updates on recent case law and developments in Australia, as well as a new chapter on confidentiality.
You can access a copy of Introduction to Arbitration: A User’s Guide here or click the ‘DOWNLOAD PDF’ button.
We acknowledge the contribution of Betty Choi, Catherine Pagliaro, Jake Fava, and Alexandra Einfeld, who worked on the Second Edition of this Guide, and the following contributors to its First Edition: Matthew Muir, Lucy Goldsmith, Cara North, Mariam Francis, Matthew Singer, Nicholas Garbas, Michael Murdocca, Jonathan Hohl, Eleanor Clifford, Harrison Frith, and James Ye.
This publication is introductory in nature. Its content is current at the date of publication. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice based on your specific circumstances before taking any action relating to matters covered by this publication. Some information may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.