find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
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
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
ACICA president calls for overhaul of domestic arbitration

ACICA president calls for overhaul of domestic arbitration

Australian Centre for International Commercial Arbitration president Doug Jones has called on the Government to revive domestic arbitration by adopting the UNCITRAL Model Law on International…

Australian Centre for International Commercial Arbitration president Doug Jones has called on the Government to revive domestic arbitration by adopting the UNCITRAL Model Law on International Commercial Arbitration.

Speaking on Friday at the "International Commercial Arbitration: Effective, Efficient, Economical" conference, hosted by the Australian Centre for International Commercial Arbitration (ACICA), Jones said that - following the recent proposed reforms to international arbitration under the International Arbitration Act 1974 - the Government should follow suit on the domestic arbitration front.

Currently, the Standing Committee of Attorneys-General is in the process of drafting a new model law for domestic arbitration. This is to be completed by its next meeting in April 2010.

Jones, who is also a partner at Clayton Utz, said that domestic arbitration has fallen behind other forms of alternative dispute resolution as an effective means of resolving disputes.

"In many instances it is less cost effective than commercial court proceedings in a number of states. Accordingly, there is a need for a paradigm shift in the way in which domestic arbitration is practised in Australia," he said.

In particular, Jones said that excessive judicial intervention in domestic arbitration process has been a key obstacle to its effectiveness and that minimising judicial intervention should a reform priority.

In addition, he noted that domestic arbitration was often criticised for being too similar to the judicial process, rather than being viewed, and practised, as a quicker and more cost-effective alternative.

Accordingly, he proposed legislative amendments to make it clear that arbitration was intended to be, and should be, a different process to court proceedings, and that the objective of arbitration was "speed, efficiency and cost effectiveness".

He said that reform to domestic arbitration laws would enable Australians to be able to access a "more efficient and less expensive arbitration process".

The "International Commercial Arbitration: Effective, Efficient, Economical" conference brought together delegates from Europe, the Middle East and Asia. Other speakers included Federal Attorney-General Robert McClelland and former High Court justice Michael Kirby.

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

ACICA president calls for overhaul of domestic arbitration
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Violence
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
Nov 16 2017
From lawyer in law firm to senior governance professional
Promoted by Governance Institute of Australia As a law graduate, Kate Griffiths never imagined...
marriage equality
Nov 16 2017
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit ant...
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 & ...