Australian Centre for Commercial International Arbitration
President
Douglas Jones AM RFD
Vice Presidents
Alex Baykitch
Ian Govey
Peter Megens
Immediate Past President
Michael Pryles AM
Board Members
James N Creer
Richard Garnett
Laurie Glanfield AM
Peter Harris
Malcolm Holmes QC
The Hon. Michael Kirby AC CMG
Robert Kus
Judith Levine
Peter McQueen
Gabriël Moens
Ian Nosworthy
Robert Regan
Ronald Salter
Michael Shand QC
Geoff McClellan
Georgia Quick
Director of Arbitration
David Fairlie
Secretary General
Emma Matthews
Head Office
Level 6, 50 Park Street
Sydney NSW 2000
Australia
Ph: +61 2 9286 3591
Fax: + 61 2 9267 3125
ematthews@acica.org.au
Deputy Secretary General
Jonathon DeBoos
Melbourne Office
Level 18, 333 Collins Street
Melbourne VIC 3000
Australia
Ph: +61 3 9286 6328
Fax: +61 3 9286 6460
jdeboos@acica.org.au
Deputy Secretary General
Gabriël Moens
Perth Office
Western Australian Institute for Dispute
Management
South Street, Murdoch WA 6150
Ph: +61 8 9360 7563
gmoens@acica.org.au
ACN 006 404 664
Media Alert
3 December 2009
Australia set to become a global arbitration centre
Amendments to the International Arbitration Act 1974 (Cth) introduced into Parliament last
week has further positioned Australia to become a key player in international arbitration.
The global financial crisis has seen an increase of commercial disputes but because
international investors want to avoid the uncertainty of litigation in a foreign court system -
excessive time and costs, the lack of familiarity with foreign court procedures, language
barriers, a lack of confidentiality and a fear that some countries may lack an impartial
judiciary - arbitration has become the preferred dispute resolution mechanism.
In 2008 a PricewaterhouseCoopers survey, 'International Arbitration: Corporate attitudes
and practices', revealed 73% of corporations prefer to use international arbitration to
resolve their cross-border disputes rather than transnational litigation and saw
arbitration as a means to successfully preserve business relationships.
Recognising the economic benefits of this multi-billion dollar industry, the federal and state
governments are reviewing legislation to make Australia an attractive and competitive global
arbitration centre.
Further details will be announced at the International Commercial Arbitration: Effective,
Efficient, Economical conference hosted by Australias only international arbitral
institution, the Australian Centre for International Commercial Arbitration.
Delegates include: arbitrators from Europe, Middle East and Asia Presenters include:
Opening Keynote Address: The Australian Government Initiative - The Hon Robert
McClelland MP, Attorney General of Australia
Adopting the UNCITRAL (United Nations Commission on International Trade Law)
Model for Domestic Arbitration in Australia - Professor Doug Jones AM
The New Framework for International Arbitration in Australia - The Hon Justice
Clyde Croft , David Fairlie and Ian Govey
The Supreme Courts Perspective on Arbitration - The Hon Marilyn Warren AC,
Chief Justice of Victoria
Closing Keynote Address: Cultural Impediments to Resolving International Conflict -
The Hon Michael Kirby AC CMG
Signing ceremony of historic agreement between ACICA and other arbitral bodies
Where: RACV City Club 501 Bourke Street Melbourne
For more information: Gianna Totaro
Media Relations 0438 337 328 gtotaro@acica.org.au
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BACKGROUND
About the Australian Centre for International Commercial Arbitration (ACICA)
The Australian Centre for International Commercial Arbitration (ACICA) is Australia's only international arbitral
institution. ACICA is a not-for-profit public company which was established in 1985. The Australian Centre for
International Commercial Arbitration (ACICA) is Australia's only international arbitral institution. Established in 1985 as a
not-for-profit public company, its membership includes world leading practitioners and academics expert in the field of
international and domestic commercial arbitration. ACICA aims to educate, promote and encourage the use of
international commercial arbitration as a means of dispute resolution, and to promote Australia as an international seat
of arbitration.
Co-operation Agreements
ACICA has Co-operation Agreements with American Arbitration Association, Arbitration Centre of Sri Lanka, Arbitration
Centre of Mexico, Chamber of National and International Arbitration Milan, Channel Islands Arbitration Centre, China
Maritime Arbitration Commission, Commercial Arbitration Association of the Republic of China (Taiwan), Court of
Arbitration at the Polish Chamber of Commerce, Dubai International Arbitration Centre, FICCI Arbitration Conciliation
Tribunal, Foreign Trade Arbitration Court - Yugoslavia, German Institute of Arbitration, Gree Arbitration Association,
Hungarian Chamber of Commerce Court of Arbitration, Indonesian National Board of Arbitration, International Centre for
the Settlement of Investment Disputes (ICSID) (ACICA is a nominated Australian contact for ICSID proceedings in
Australia), International Commercial Court of Azerbaijan, Japan Commercial Arbitration Association, Korean Commercial
Arbitration Board, Kuala Lumpur Regional Centre for Arbitration, Netherlands Arbitration Institute, Permanent Arbitration
Court of the Mauritius Chamber of Commerce and Industry, Regional Centre for Arbitration at Cairo, Scottish Council for
Arbitration, Singapore International Arbitration Centre, Stockholm Chamber of Commerce Arbitration Institute, Swiss
Arbitration Centre, International Arbitral Centre of the Austrian Federal Economic Chamber, Tokyo Maritime Arbitration
Commission of the Japan Shipping Exchange, and Western Australia Institute of Dispute Management.
What is international arbitration?
International Arbitration is a system of dispute resolution selected by many of the world's leading international
companies. Most importantly arbitration agreements and arbitral awards are enforceable worldwide under an international
law known as the New York Convention. By inserting an arbitration clause into their agreements with trading partners,
parties opt to have disputes arising out of or in connection with the contract decided by private tribunals ('arbitral
tribunals') rather than litigating them in national courts. Arbitration is particularly common in the insurance, construction
and engineering, oil, gas and shipping industries and increasingly so, in banking and financial services.
Benefits of attracting more international arbitrations to Australia
... Australia is well placed to meet the growing demand for first-rate, cost-effective arbitration services in the Asia-
Pacific. Australian arbitration practitioners are among the worlds best. Australia is also politically and economically
stable and it offers first-class communication and transport facilities. Furthermore, the Australian Centre for
International Commercial Arbitration which is hosting this conference provides excellent institutional support for
international arbitration. ... The Hon Robert McClelland, Australian Attorney General, 21 November 2008
ACICA Annual Conference 2008 International Commercial Arbitration: Making It Work For Business
Comparison of the major global arbitration institutions of international arbitration cases filed from 2007-2008)¹
Institution
2007
2008
% Change b/w 2007 - 2008
International Chamber of Commerce
599
663
34.38%
China International Economic Trade Commission 429
548 27.74%
1
February 2009.
Hong Kong International Arbitration Centre
448 602 10.39%
London Court of International Arbitration (UK)
137 158 15.33%
Singapore International Arbitration Centre
70 71 1.43%
BIAC (China)
37
59 59.46%
American Arbitration Association 621 703 13.20%