Arbitration in Australasia

Arbitration in Australia

Arbitration—Australia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Australia published as part of the Lexology Panoramic by Law Business Research (published: July 2022). See Practice Note: Arbitration—Australia—Q&A guide.

Arbitration in Australia—an introduction to the International Arbitration Act 1974

This Practice Note discuss the Australian International Arbitration Act 1974 (IAA 1974), highlighting some of its key provisions and its relationship with other arbitral regimes such as the UNCITRAL Model Law. The note covers the objects of IAA 1974, the position on the arbitration agreement, separability and competence, opt-in and opt-out provisions, arbitrators, mandatory rules, court assistance, confidentiality, awards, challenge of awards, and representation in proceedings. The Practice Note also covers jurisprudence relating to the constitutionality of IAA 1974. See Practice Note: Arbitration in Australia—an introduction to the International Arbitration Act 1974.

Arbitration in Australia—recognition and enforcement of foreign awards

This Practice Note sets out how foreign arbitral awards are recognised and enforced in Australia. It covers the recognition and enforcement of foreign arbitral awards, the legislative scheme and objects of the International Arbitration Act 1974 and the issue of public

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Latest Arbitration News

PCA convenes initial meeting in EU-UK fishing dispute arbitration

The Permanent Court of Arbitration (PCA) has announced that the initial organisational meeting for the arbitration between the European Union and the United Kingdom, concerning the UK's prohibition of sandeel fishing in certain waters, took place on 18 November 2024. The three-member Tribunal, chaired by Dr. Penelope Ridings, consulted with the parties on procedural matters and submission schedules. The PCA, acting as Registry, will administer the proceedings. Notably, the Tribunal has agreed to accept amicus curiae submissions until 28 November 2024, subject to specific criteria outlined in Rules 40-42 of Annex 48 of the Trade and Cooperation Agreement. This development marks the formal commencement of arbitration proceedings in this significant fisheries dispute between the EU and post-Brexit UK.

QICCA concludes 5th world conference with key recommendations for arbitration

The Qatar International Centre for Conciliation & Arbitration (QICCA) has concluded its 5th world conference on international arbitration with several significant recommendations for enhancing arbitration practice. Key proposals include allowing Court of Cassation review of arbitration award rulings, seeking UNCITRAL guidance for legislation drafting, and developing guidelines for arbitrator conduct and appointments in ad hoc arbitration. The conference affirmed the importance of applying the law of the arbitration seat to international agreements and called for improved arbitrator disclosure rules. Discussions also covered arbitrator ethics, qualifications, and the role of national courts in supporting arbitration. These recommendations aim to strengthen arbitration processes and align practices with international standards

Arbitration weekly highlights—21 November 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English High Court and the USA, news from JCAA and CIArb, and updates on arbitration developments from China, India and the LCIA. All this, and more in our weekly highlights.

King's College London publishes third annual report on UK construction adjudication trends

The Centre of Construction Law and Dispute Resolution at King's College London, in collaboration with The Adjudication Society, has released its third annual report on construction adjudication in the United Kingdom. The 2024 report reveals a record number of 2,264 adjudication referrals, indicating the growing popularity of this dispute resolution method. The report also highlights progress in diversity initiatives, with 7 out of 10 participating Adjudicator Nominating Bodies (ANBs) now signatories to the Equal Representation in Adjudication Pledge. However, women still comprise only 8.9% of adjudicators on ANB panels that maintain diversity records, with TECBAR leading at 20% female representation. The comprehensive study provides valuable insights into various aspects of adjudication, including referral trends, nomination fees, competency requirements, claim values, dispute causes, procedural durations, complaints, enforcement issues and the impact of insolvency on adjudication proceedings.