Australia - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Leigh Duthie is a Partner in Baker & McKenzie’s Melbourne office, with over 16 years of 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. Leigh’s experience includes work in all major Australian courts, as well as expert determination, special referee procedures and domestic and international arbitration.
Alex Wolff is a Partner in Baker & McKenzie’s Melbourne office and a highly experienced dispute resolution practitioner who regularly advises domestic and international corporations on complex and sensitive matters requiring strategic negotiation, risk management and resolution. Alex conducts disputes in state and federal superior and appellate courts, international and domestic arbitrations and has experience with specialist tribunals, special references and alternative dispute resolution.
Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013
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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, forms the basis of Australia’s international arbitration framework as implemented by the International Arbitration Act 1974 (Cth) (“IAA”). The IAA also gives effect to the ICSID Convention.
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
A.2 Amendments to Australia’s Legislative Framework
A.3 Specialist Arbitration Lists
A.4 Australian Arbitral Institutions
A.5 Trends
B. Cases
B.1 Casaceli: Parties Will Be Compelled to Arbitrate Even if the Arbitration Is to Be Seated Abroad and Includes Claims That Fall under Australia’s Mandatory Consumer Laws
B.2 Dampskibsselskabet: Parties Seeking to Avoid Arbitration Awards Bear the Evidentiary Burden
B.3 Traxys Europe: Public Policy Cannot Be Used to Escape an Award
B.4 Castel Electronics v. TCL Air Conditioner: Breach of Natural Justice Strictly Interpreted in Favor of Enforcing Awards
B.5 TCL Air Conditioner (Zhongshan) v. Castel Electronics: Validity of the IAA
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures