Corrs Chambers Westgarth has contributed to the third edition of “The International Arbitration Review” (Law Business Research Ltd, 2012), 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 lawyer Jin Ooi of the Litigation practice group.
In their chapter, James, Colin and Jin consider recent developments in the Australian international arbitration landscape and in particular the judicial treatment of the 2010 amendments to the International Arbitration Act 1974 (Cth) (IAA). The two broad themes in which most of the chapter is devoted to are firstly, the narrow scope that parties have in resisting enforcement of foreign awards in Australian courts and secondly, the enforcement of “non-foreign” international arbitral awards and the temporal operation of the amended section 21 of the IAA.
They concluded that the reforms to the international and domestic arbitration laws in Australia “were purposefully aimed at bolstering Australia’s reputation as a first-rate arbitration-friendly jurisdiction and as a desirable seat for international arbitration, particularly in the Asia-Pacific region” and noted that while “[i]t is too early to tell if the amendments to the IAA truly meet the objectives that it has set out to achieve … the international arbitration community in Australia remains fairly positive that change is on the horizon”.
For further information on how Corrs Chambers Westgarth can assist you in an international arbitration matter, please contact James Whittaker, Colin Lockhart or Jin Ooi, or any of our other experts in international arbitration, Michael Kimmins, Robert Regan, and Chris Ryder.
Click 'Download' to read the full Australian chapter of The International Arbitration Review.
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