Corrs Chambers Westgarth has contributed to the fifth edition of The International Arbitration Review (Law Business Research Ltd, 2014), which is an annual guide to international commercial and investment arbitration in the most significant jurisdictions worldwide and to the principal international arbitration institutions.
The chapter on developments in Australia is authored by partner James Whittaker, counsel Colin Lockhart, and lawyers Jin Ooi and Tim Bunker, and is available here.
In the words of the editor: “International arbitration is a fast-moving express train, with new awards and court decisions of significance somewhere in the world rushing past every week. Legislatures, too, constantly tinker with or entirely revamp arbitration statutes in one jurisdiction or another. The international arbitration community has created a number of electronic and other publications that follow these developments regularly, requiring many more lawyer hours of reading than was the case a few years ago. Scholarly arbitration literature follows behind, at a more leisurely pace. However, there is a niche to be filled for analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments but putting them in the context of the jurisdiction’s legal arbitration structure and selecting the most important matters for comment. This volume, to which leading arbitration practitioners around the world have made valuable contributions, seeks to fill that space.”
In their chapter, James, Colin, Jin and Tim consider recent developments in the Australian international commercial arbitration landscape and in particular the judicial treatment of the 2010 amendments to the International Arbitration Act 1974, including decisions concerning enforcement of non-foreign awards, the temporal operation of section 21 of the Act and the narrow scope for resisting enforcement of awards. The chapter also touches on important investor–state dispute developments concerning Australia, in particular, the tobacco plain packaging international investment arbitration under the Australia–Hong Kong bilateral investment treaty and similar disputes brought before the World Trade Organization.
For further information on how Corrs Chambers Westgarth can assist you in an international arbitration matter, please contact James Whittaker, Colin Lockhart, Jin Ooi or Tim Bunker, or any of our experts in international arbitration, Michael Earwaker, Spencer Flay, Michael Kimmins, Robert Regan, Chris Ryder, Andrew Stephenson and Stephen Stern.
The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.