find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
A move to fast track arbitration

A move to fast track arbitration

FAST TRACK arbitration is being billed as the preferred form of alternative dispute resolution.Laurie James, national president of the Institute of Arbitrators and Mediators of Australia (IAMA)…

FAST TRACK arbitration is being billed as the preferred form of alternative dispute resolution.

Laurie James, national president of the Institute of Arbitrators and Mediators of Australia (IAMA) said arbitration was not performing at its peak, lagging behind the statutory system of adjudication.

“The feeling is we had to lift our game, by giving the parties the option of going down a fast track,” he said.

What IAMA seeks to do is to bring arbitration “back into the spotlight and … try and improve some of the features of arbitration by picking up aspects of … adjudication, which has proved quite popular in recent times”.

It is largely the small timeframe allowed in adjudication that makes the process quick and cost effective, James said.

“There are quite a few arbitrations where people have smaller amounts of money, and perhaps simpler issues, and they perceive that if they go to adjudication they can probably get that sorted quite quickly, and very often more cheaply.”

However, according to James, arbitration’s many procedural steps have seen the process take longer over recent times, particularly as the complexity of the issues increase.

“So what we are trying to do is provide an informal, entirely private procedure in arbitration, which matches the fast track qualities of adjudication, which could also follow on a disputed adjudication to bring down a final decision, in the same sort of timeframe.”

Aside from the popularity of adjudication, James believes that improved processes in the court system have also contributed to the decline of arbitration. “On the whole, court lists have shrunk,” he said. “Expedited procedures are now available in court actions which weren’t available at one time.”

Fast tracking arbitration is popular in some foreign jurisdictions, while the concept is also put to use in the Security of Payment legislation in states such as New South Wales and Western Australia.

To assist in the improvement of arbitration, the IAMA is holding its first ever national arbitration day, at which it plans to workshop new rules in a fast track arbitration forum, which will hopefully be unveiled officially in June 2007.

Allens Arthur Robinson partner John Dorter will chair the forum. Dorter is an expert in construction contracts and construction dispute resolution, and is past president of the IAMA.

The national arbitration day will be held on 5 December at Owen Dixon Chambers in Melbourne.

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

A move to fast track arbitration
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
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'...
opinion
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...
Help
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 & ...