find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
High court decision boosts Oz arbitration

High court decision boosts Oz arbitration

The High Court’s dismissal of a constitutional challenge to the International Arbitration Act will improve Australia’s standing as an attractive seat for cross-border disputes, an industry body has claimed.

The decision on Wednesday (13 March) confirmed the final and binding nature of arbitral awards, strengthening Australia’s international arbitration system, said Doug Jones (pictured), president of the Australian Centre for International Commercial Arbitration (ACICA).

“This decision is confirmation that the approach of the judicial system is supportive of international arbitration,” he told Lawyers Weekly.

The constitutional challenge arose out of a dispute regarding a distribution agreement between China-based TCL Air Conditioner and Australian company Castel Electronics. The dispute examined the way in which arbitral awards are recognised and enforced in Australia.

In separate proceedings instituted in the High Court, TCL sought to quash decisions of the Federal Court in relation to the awards. TCL argued that recognising arbitration decisions made in the absence of a judge (outlined in the UNCITRAL Model Law on International Commercial Arbitration governing the conduct of international commercial arbitrations in Australia) contravenes the constitution, which states that judicial power of the Commonwealth can only be exercised by the courts.

The High Court unanimously dismissed TCL’s appeal, drawing a distinction between the judicial power of the courts and the power of arbitration tribunals.

King & Wood Mallesons acted on behalf of ACICA, the Institute of Arbitrators and Mediators Australia and the Chartered Institute of Arbitrators, which intervened in the proceedings and prepared a joint submission to the High Court.

The intervention was financially supported by litigation funder IMF Australia.

IMF’s investment manager Susanna Khouri told Lawyers Weekly that the decision could invite significant international commercial arbitration claims and bi-lateral investment treaty claims to Australia, which she described as “fertile areas” for the litigation funder.

“This this is a significant victory,” she said, adding that the decision “preserves and shows the robustness of the international commercial arbitration framework in Australia.”

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

High court decision boosts Oz arbitration
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 24 2017
Demand lifts in 2017/18 for short-term finance to cover crises
Promoted by NWC Finance. The first five months of the 2017-18 financial year have seen unpreceden...
LCA welcomes religious freedom panel
Nov 24 2017
LCA welcomes religious freedom panel
The Law Council of Australia says the establishment of a panel which will examine the human right to...
Law Society launched a new website, legal politics and lawmaking
Nov 24 2017
Law Society launches project to engage young Aussies
The Law Society of NSW has launched a new website to engage young Australians in legal politics and ...
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 & ...