Introduction - Chapter 1 - Arbitration Law of Australia: Practice and Procedure
Alex Baykitch is a Partner at King & Wood Mallesons in Sydney, Australia where his practices focuses on litigation & dispute resolution and international arbitration. Alex has over 20 years’ experience in the area of cross border litigation and international arbitration. Described by Chambers Global as "fast rising and energetic [lawyer]. . .who has developed into one of Australia's strongest arbitration counsel", Alex has particular experience of dispute in major construction, engineering and infrastructure.
Alex is consistently listed as a leading individual in legal directories, for his expertise in cross border litigation and international arbitration, and sits as sole and party appointed arbitrator as well as chairman of arbitral tribunals conducted under the ICC, LCIA, KLRCA, and UNCITRAL Rules. Alex is a Member of the Australian Government's Delegation to UNCITRAL's Working Group on Arbitration. He is also an Australian Delegate to the ICC Arbitration Commission and served on the Commission's Task Force on the New York Convention. Until recently, Alex was the Vice-President of the Australian Centre for International Commercial Arbitration (ACICA) and is a fellow of ACICA.
He is also a Member of the Arbitration panels of the ICC International Court of Arbitration, Singapore International Arbitration Centre, China Maritime Arbitration Commission, the Korean Commercial Arbitration Board and ACICA.
He has presented at numerous conferences and written on various topics in relation to international arbitration and is a co-author for the Australian chapter of World Arbitration Reporter.
Professor Doug Jones AO is a Sydney-based Partner in the Australian law firm of Clayton Utz where he heads the International Arbitration and Major Projects Groups of the firm. Doug is a door tenant at Atkin Chambers, London.
His experience includes acting as Arbitrator and Counsel in major international arbitrations, and advising on major projects in the areas of buildings, road and rail infrastructure, power, potable and waste water, mining infrastructure and processing, and on and offshore oil and gas. Doug sits as an international commercial and investor / state arbitrator.
Details of his arbitration experience can be found at www.dougjones.info.
Doug is currently President of the Australian Centre for International Commercial Arbitration, past President of the Chartered Institute of Arbitrators, London (2011), and a Member of the LCIA Court. He is an Australian Government nominee on the ICSID panel of arbitrators and a foundation fellow and graded arbitrator of the Institute of Arbitrators & Mediators Australia, Fellow, Arbitrators and Mediators Institute of New Zealand, President, Dispute Review Board Foundation Australia, member of the ICC Australia Arbitration Committee, and a member of a number of panels of International Arbitral bodies. In January 1999 Doug was made a Member of the Order of Australia in recognition of his services to construction law and dispute resolution, and in June 2012 Doug Jones was made an Officer of the Order of Australia, for distinguished service to the law as a leader in the areas of arbitration and alternative dispute resolution, to policy reform, and to national and international professional organisations.
He is Co-Editor in Chief of the International Construction Law Review and Editorial Board Member of International Trade and Business Law Review, India Business Law Journal and Global Arbitration Review. He is International correspondent for Australia of the Romanian Review of Arbitration. He lectures, and authors articles for publication, within Australia and internationally.
His expertise in International Arbitration and Construction has regularly been recognised by his peers.
Doug Jones has been described as "a phenomenon" and "the statesman of the industry" by Chambers Asia Pacific (2012).
The International Who's Who of Commercial Arbitration 2011 names Doug Jones as one of the Leaders Worldwide and is one of only three highly recommended individuals in Australia. It notes that "Doug Jones at Clayton Utz is held in the highest esteem".
— Chapter 1 —
1.1 CURRENT STATUS OF THE LAW AND ARBITRATION
Over the last two decades, Australia has developed a strong
arbitration culture and is an attractive forum for the resolution of disputes
as an established common law jurisdiction positioned in the Asia-Pacific
region with English as its national language. It is also a forum which
provides a neutral seat with a modern legislative framework, a supportive
judiciary and world-standard infrastructure. While construction and
engineering disputes have traditionally been the types of disputes most
commonly arbitrated, the increase in trade between Australia and
countries in the Asia-Pacific region has resulted in arbitration
increasingly becoming the method of choice for resolving disputes in
matters related to energy, resources, oil & gas and shipping.
In recognition of the growth of international arbitration in the region,
the Australian International Disputes Centre, a specialist venue for
arbitration hearings, was opened in Sydney in August 2010. Plans for a
Victorian Branch of the Australian International Disputes Centre are
under way, and the Victorian Government and Chief Justice are both
supportive of the idea. In particular, the Victorian Chief Justice noted
that the proposed centre would add to a “national facility of great
significance”, and she “expect[s] an announcement very soon”.1
Australia is a federation made up of a Federal Government known as
the Commonwealth of Australia, six State Governments and two
The primary sources of law in Australia are common law and
legislation. The common law comprises decisions of the courts and
tribunals of the Federal Government, as well as the decisions of the
courts and tribunals of the State and Territory Governments. Legislation
CHAPTER 1 - INTRODUCTION
1.1 Current Status of the Law and Arbitration
1.1.2 Distinction between National and International Arbitration
1.2 Practice of Arbitration
1.2.1 Frequency of Arbitration as Opposed to Litigation
1.2.2 Arbitration Institutions and Statistics