Corrs Chambers Westgarth has contributed to the sixth edition of The International Arbitration Review (Law Business Research Ltd, 2015), 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 Tim Bunker, see Article PDF to read Corrs' contribution to the guide.
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 hours of reading from lawyers 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 and Tim consider recent developments in the Australian international commercial arbitration landscape. In particular, the chapter focuses on the judicial treatment of the 2010 amendments to the International Arbitration Act 1974, including decisions concerning enforcement of non-foreign awards and the temporal operation of section 21 of the Act, as well as the ever-growing body of case law considering the narrow scope for resisting enforcement of arbitral awards. The chapter also examines important investor–state dispute developments concerning Australia, including the tobacco plain packaging international investment arbitration under the Australia–Hong Kong bilateral investment treaty and similar disputes brought before the World Trade Organization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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