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Qld still behind on arbitration: lawyer

user iconThe New Lawyer 04 July 2011 SME Law

Business needs to pressure government to stop the 'protracted' roll out of uniform arbitration laws across Australia and pass legislation, a leading lawyer says.

BUSINESS needs to pressure government to stop the 'protracted' roll out of uniform arbitration laws across Australia and pass legislation, a leading lawyer says. 


Speaking at the Queensland launch of his book Commercial Arbitration in Australia, Clayton Utz partner and global president of the Chartered Institute of Arbitrators,

Doug Jones AM, has called on the Queensland government to follow the lead of New South Wales and introduce the new Uniform Commercial Arbitration Act.


Last year we saw reform to Australia's arbitration laws both at the international level and with the Standing Committee of Attorneys-General agreeing they would enact model laws to cover domestic arbitration.


But New South Wales is the only state that has so far fully enacted arbitration reform, while Victoria, South Australia and Tasmania are all in the advanced stages of passing uniform legislation. 


Jones now urges the Queensland government to help efforts to promote commercial arbitration as a viable alternative to litigation.


He told Boardroom Radio the reforms are the first step in a process of reforming the practice of domestic arbitration in Australia. 


"It has suffered in recent years from being too slow and too expensive and too close to the procedures adopted in the courts."


Jones said Queensland risked being left behind in the dispute resolution stakes unless it followed the lead of other states. 


"Queensland businesses can only benefit from having an alternative to litigation which is

expeditious, cost-effective and fair. Adopting this important legislation will help achieve that," he said. 

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