acica the australian arbitration option asia pacific region professor doug jones ao, president,...
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The Australian Arbitration OptionAsia Pacific Region
Professor Doug Jones AO, President, Australian Centre for International Commercial
Arbitration
Miami, 17 October, 2012.
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Overview
• Australia's Legal Framework
• Australia and the International Arbitration Arena
• The Australian Centre for International Commercial Arbitration
• The Australian International Disputes Centre
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Australia's Legal Framework
• Australia is a federation of 5 states and 2 territories
• International Arbitration is governed by the Federal Government: International Arbitration Act 1974 (Cth)
• Domestic Arbitration is governed by the states and territories: Uniform Commercial Arbitration Acts
• Court decisions are generally followed throughout all jurisdictions
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Australia's Legal Framework
• What makes Australia a safe and neutral arbitral seat?• the application of the rule of law
• an independent, impartial judiciary• judicial supervision of arbitral awards and enforcement• availability of tribunal-granted interim measures of protection• confidentiality of the arbitral process
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Supportive judiciary
• Courts empowered to:• assist with the taking of evidence• enforce and order interim measures• appoint an arbitrator
• Courts must stay proceedings if there is a valid arbitration agreement and the dispute is arbitrable.
• s 7(2)(b) IAA, implementing Australia's obligations under Art II(3) New York Convention.
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Supportive judiciary
• Arbitration lists established in Federal and State courts to ensure experienced judges sit on cases involving arbitration
• Special processes in place to ensure that arbitrations are not unnecessarily delayed due to court involvement
• Culture of judicial support, not judicial interference in arbitration
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Pro-enforcement approach
• Australia's judiciary has adopted the pro-enforcement policy of the New York Convention
• "... the public policy of Australia, is to enforce such awards wherever possible in order to uphold contractual agreements entered into in the course of international trade, in order to support certainty and finality in international dispute resolution..."
- Foster J (Uganda Telecom Ltd v Hi-Tech Telecom Pty Ltd)
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Australia's legal profession
• Australia is home to sophisticated, world-recognised legal practitioners who are experts in their fields
• Australia's legal profession comes from diverse backgrounds, ensuring familiarity with international cultural and commercial practices
• International legal practitioners are allowed and encouraged to practice in international arbitration proceedings
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Australia and the International Arbitration Arena
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Key features of Australian IA
• Modern Legislation
• Supportive Judiciary
• Right to representation by counsel of choice
• Sophisticated legal profession
• Established facilities and logistic support
• Modest comparative cost
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UNCITRAL Model Law
• Australia is one of the few countries to have adopted the 2006 amendments to the Model Law
• Model Law allows uniformity across jurisdictions• Party-autonomy and flexibility are key aspects to the Model Law• Implemented under both international and
domestic arbitration legislation
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International Arbitration Act 1974 (Cth)
• Adopts 2006 UNCITRAL Model Law Amendments
• Strengthens finality of awards by limiting grounds of recourse
• Greater empowerment of tribunals to order interim measures
• Clear opt-in confidentiality regime
• 2010 Amendments - an investment in future growth
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Commercial Arbitration Bill 2010 (Cth)
• The Commercial Arbitration Bill 2010 (Cth) introduces uniform domestic arbitration legislation in all Australian States and Territories based on the 2006 Model Law
• Currently implemented across four Australian States and the Northern Territory and introduced in the other States.
• This new legislation cements Australia's place as a best-practice centre for international and domestic arbitration.
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Centres for Arbitration
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• Australian Centre for International Commercial Arbitration
• Established in 1985
• In 2005 launched its own set of arbitral rules
• Operates in close co-operation with the Australian International Disputes Centre
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ACICA Arbitration Rules• Administrative assistance
• Interim measures of protection
• ACICA can set an appropriate fee for the arbitrator when required
• ACICA Expedited Rules
• ACICA Appointment of Arbitrators Rules 2011
• ACICA Emergency Arbitrator Provisions
• ACICA is sole default appointing authority
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The Australian International Disputes Centre (AIDC) established in August 2010 offers a premier one stop full ADR service with world class facilities located in the heart of Sydney’s business district at One Castlereagh Street.
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Complimentary quality teas, coffees and refreshments are available.
All necessary business support services including case management and trust account administration are provided by skilled and professional staff.
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The AIDC is Australia’s premier ADR Centre , a one stop shop working to ensure ADR processes deliver benefits of efficiency, certainty, expediency, enforceability and commercial privacy.
The services and facilities AIDC provides, assist parties with the efficient resolution of their disputes - essential to maintain profitable business and build community confidence and harmony.
Available for ACICA, PCA, ICC, ICDR, LCIA, CIETAC, HKIAC, SIAC, AAA or any other arbitrations, mediations or other processes.
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The contemporary corporate environment at AIDC is enhanced by prominent Australian indigenous artworks on loan from the Ken Hinds Cultural Heritage Collection.
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The AIDC offers you
- world class dispute resolution facilities and services in a secure business centre environment
- custom-built rooms equipped with state of the art technology and soundproofing
- flexible facilities that can be configured for arbitrations, mediations, adjudications, deposition-taking, conferences, seminars and meetings
- accommodation for both large and small hearings
- fully air-conditioned premises with modern furnishings
- expansive picture windows that draw in city views and plentiful natural light
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AIDC Support Services include: - general information and assistance in connection with dispute
resolution (not legal advice or assistance) - administrative assistance to facilitate smooth running of the
arbitration, including: i. assistance with alternative venues if AIDC is not available or
another venue might be more appropriate; ii. assistance to facilitate parties’ and arbitrators’ stay in
Sydney, including accommodation and transport bookings; - telephone conferencing facilities in each hearing and breakout
room - wireless access to internet - whiteboards - microphones and amplification - video conferencing - catering - transcription services
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The AIDC’s one stop shop can help make your process smooth and trouble-free.
We look forward to welcoming you to the AIDC in Sydney soon.
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Australian International Disputes Centre
Hire Costs – in AUD
Package Half Day Full Day
Mediation room with two break out rooms $450.00 $600.00
Mediation room with one break out room $300.00 $450.00
Small hearing room with two break out rooms $600.00 $800.00
Standard hearing room with two break out rooms $750.00 $1000.00
Large hearing room with two break out rooms $1150.00 $1500.00
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Contact
Australian International Disputes Centre
A: Level 16, 1 Castlereagh Street Sydney NSW 2000 Australia
P: +61 (0) 2 9239 0700
F: +61 (0) 2 9223 7053
CEO: Michelle SindlerE: [email protected]
Training Manager: Lynne RichardsE: [email protected] Room [email protected]