Australia - Baker & McKenzie International Arbitration Yearbook: 2010-2011
Leigh Duthie is a Partner in our Melbourne office, with over 15 years’ experience acting for major Australian and international corporations and government agencies in relation to complex claims arising from infrastructure projects, defects in plants, and faults in heavy mining machinery. His experience includes work in all major Australian courts, as well as expert determination, special referee procedures, and domestic and international arbitration.
Sarah Lancaster is a Senior Associate in our Sydney office, with over 10 years’ experience in dispute resolution gained in London and Sydney. Her practice incorporates international arbitration, with a particular focus on telecoms and resource disputes, and general commercial litigation. She is a Council Member of the Australasian Forum for International Arbitration. Ms. Lancaster also has considerable experience in assisting clients to successfully resolve their disputes through alternative dispute resolution, such as direct negotiation and mediation.
Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Legislative Framework
Australia is a signatory to the New York Convention, which (together with the UNCITRAL Model Law) has been implemented in Australia through the International Arbitration Act 1974 (Cth) (the “IAA”). The IAA also gives effect to the ICSID Convention.
Australia is a federal system. In addition to the IAA, which covers the field for international arbitrations, each State and Territory in Australia also has its own arbitration legislation, known as the Commercial Arbitration Acts (the “CAAs”), which apply primarily to domestic arbitrations. The CAAs, which are largely uniform, are in the process of being replaced by updated uniform legislation.