Australia - Baker & McKenzie International Arbitration Yearbook: 2011-2012
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: 2011-2012
Leigh Duthie,1 Melbourne; and Sarah Lancaster,2 Sydney3
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.
In addition to the IAA, which covers the field for international arbitration, each State and Territory in Australia has its own (largely uniform) domestic arbitration legislation. New uniform domestic arbitration legislation is currently being implemented by all the States and Territories. That new legislation, like the IAA, is based on the UNCITRAL Model Law.
Leigh Duthie, Melbourne and Sarah Lancaster, Sydney
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
A.2 Amendments to Australia's Legislative Framework
A.3 Investor-State Arbitrations
B.1 Gordian Runoff: Standard of Reasons in Arbitral Awards
B.2 IMC Aviation Solutions v. Altain Khuder: Enforcement against Non-Party
B.3 TeleMates v. SoftTel: Challenge to Jurisdiction of Arbitrator
B.4 Uganda Telecom v. High-Tech: Enforcement of Foreign Award
B.5 Wilson & Partners v. Roberts Nicholls: Arbitration and Court Proceedings
C. Public Policy in International Arbitration
C.2 Public Policy at the Stage of Recognition and Enforcement
C.3 Public Policy and Arbitrability