Australia Set To Become A Global Arbitration Centre

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27th January 2010, 04:30pm - Views: 1837






 

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 Australia’s 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 Court’s 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


         

When:   Friday, 4 December 2009     9.00 am – 5 pm   Access program: www.acica.org.au 

Where:  RACV City Club      501 Bourke Street   Melbourne


For more information:   Gianna Totaro 

Business Finance Australian Centre For Commercial International Arbitration 2 image




      Media Relations   0438 337 328  gtotaro@acica.org.au



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2 -

          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 world’s 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

Singapore International Arbitration Centre, Facts and Figures: Statistics (2008) < http://www.siac.org.sg/facts-statistics.htm > at 26

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%






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