By Gabriël A. Moens, Philip Evans
This ebook offers a finished Australian point of view at the solution of assets disputes. particularly, it specializes in using arbitration, mediation and adjudication within the assets quarter. It concentrates on arbitration because the hottest approach to dispute solution, together with overseas advertisement and investor-state arbitration. The booklet deals interesting insights into using arbitration to funding disputes related to assets businesses within the African OHADA international locations, Australia and different international locations. It deals an Australian standpoint as a way to be worthy to discerning arbitration students and dispute resolvers. furthermore, the ebook presents worthy details on the right way to draft arbitration clauses for assets region contracts. This book should be of curiosity to contributors of the tutorial learn group and also will entice dispute solution execs and practitioners.
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Extra resources for Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective
Arguably the reforms could have gone further, particularly in the federal legislation, and the black hole problem needs to be addressed. It remains to be seen, however, whether the new reforms will lead to a signiﬁcant increase in arbitrations being conducted in Australia; certainly Australian practitioners would hope so! 68 Section 27D. The Hon M Gleeson AC QC, ‘Some Practical Aspects of International Arbitration’ in N Perram (ed), International Commercial Law and Arbitration: Perspectives (Ross Parsons Centre of Commercial, Corporate and Taxation Law 2014) 297, 299.
The contract was between Australian and Chinese parties. Any dispute was to be referred to the Singapore International Arbitration Centre (SIAC) and governed by the UNCITRAL arbitration rules. The ﬁve regimes that might apply were: (a) the law governing the arbitration agreement, which was the law of Western Australia; (b) the law governing the existence and proceedings of SIAC (lex arbitri), which was the law of Singapore; (c) subject to the lex arbitri, the UNCITRAL Rules would govern the procedure of the arbitration; (d) the substantive law of the dispute was the law of Western Australia; and (e) the law governing the recognition and enforcement of any arbitral award would depend upon the jurisdiction in which the parties sought recognition, which in the circumstances, might have been expected to be Australia and/or China.
Accordingly, His Honour concluded that it had been within the NSW Parliament’s power to remove the Court’s inherent jurisdiction to review arbitral awards. If a right of appeal is important, it is vital to agree this in the arbitration clause. Most arbitral rules do not permit an appeal. Indeed, the absence of an appeal is often one of the attractions of arbitration as a method of resolving disputes. It is highly unlikely that the parties will agree that there should be an appeal once a dispute has arisen and especially after the award has been made.