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Law Week Law Talks: Arbitration in Australia

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Albert Monichino

on 29 July 2014

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Transcript of Law Week Law Talks: Arbitration in Australia

Why arbitrate and not litigate?
...we want to build international commercial arbitration ... as one of the core competencies of the [legal] profession in Australia...
An example:
Albert Monichino QC
Thursday, 15 May 2014
Law Week Law Talks
Domestic vs International arbitration
By 2030, international commercial arbitration
will be a core competency of
every newly admitted Australian lawyer
Commercial Arbitration Act 2011
(Vic)

International Arbitration Act 1974
(Cth)
The Arbitral Panel
Arbitration in Australia
What is arbitration?
What is the difference between
mediation, arbitration and
litigation?
How are disputes
referred to arbitration?
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the law of
[insert country]
and the
[insert arbitral Rules]
. The seat of arbitration shall be
[insert city, country]
. The language of the arbitration shall be
[insert language]
. The number of arbitrators shall be
[insert one or three]
.
How is a typical
arbitration conducted?
International arbitration is the usual means of resolving international disputes
What is the role of the
Court in an arbitration?
www.barristers.com.au
State Library of Victoria
Settling disputes: what methods are available?
The
Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958
aka
New York Convention
Growth of trade:
Australia and its
Asian neighbours
How are international arbitrations
different from domestic arbitrations?
Common law / civil law
UNCITRAL
Model Law
New York Convention
Senator George Brandis QC,
Attorney-General of Australia
2 May 2014, Opening Address,
IAMA National Conference, Canberra
Maxwell Chambers, Singapore
Full transcript