find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
Strength could be weakness for arbitration

Strength could be weakness for arbitration

The chief justice of the Federal Court, the Hon Patrick Keane, used this year’s Australian Maritime and Transport Arbitration Commission (AMTAC) address to caution that the interests of foreign parties may not agree with Australia’s justice system.

Keane, whose speech in Brisbane on 25 September was streamed live in the federal courts across the country, touted the strengths of Australian courts but also warned that these virtues may, in fact, deter some parties from seeking to resolve their disputes here.

He added that the views of international traders, and their priorities and perspectives, are crucial to the prospects for international arbitration in Australia.

“It makes little sense for sheep to pass resolutions in favour of vegetarianism while the wolves remain of a different opinion,” he said, explaining that it is important to consider whether Australia’s strongly interventionist approach when supervising international arbitrations is inconsistent with the expectations of foreign parties.

Keane supported his view with an exploration of advances and setbacks in the Australian courts that have influenced whether the country is seen as a preferred seat for international arbitration.

“In Australia, reform of the law governing arbitral procedure has been directed to the modernisation and clarification of existing arbitration practice,” he said. “[But] Australia’s high-minded domestic laws, if given an expansive interpretation by the courts, may diminish Australia’s relative attractiveness as an arbitral seat.”

The Hon Justice Steven Rares, who is the national convenor judge of the Courts Admiralty and Maritime Arrangement, also participated in the proceedings.

The address was promoted as an important event in light of the Government’s Stronger Shipping for a Stronger Economy reform package, which is aimed at revitalising the Australian shipping industry.

AMTAC was established in 2007 and seeks to promote the conduct of maritime arbitration in Australia in appropriate cases.

Photo: (l-r) Professor Sarah Derrington, AMTAC deputy chair; Khory McCormick, ACICA vice-president; the Hon Patrick Keane, chief justice of the Federal Court; and Peter McQueen, AMTAC chair and ACICA director

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Strength could be weakness for arbitration
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Sep 20 2017
Silk picked to monitor national security laws
Dr James Renwick SC has been appointed as Independent National Security Legislation Monitor after se...
Two businessman, growth
Sep 19 2017
Aus catching up on international arbitration front
Australia is starting to see a spike in international arbitration with this set to continue over the...
Sep 19 2017
Manson family killer suffered ‘miscarriage of justice’: former lawyer
A retired Australian barrister has published a book on the Manson Family murders of 1969 and called ...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...