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
Bright future for arbitration

Bright future for arbitration

CiArb Event

Australia has made encouraging progress in its approach to arbitration, writes Beth Cubitt.

Speaking at the Chartered Institute of Arbitrators Centenary event in Perth, Chief Justice James Allsop (pictured with Beth Cubitt) noted the encouraging progress in Australia’s approach to arbitration, and the bright future for international arbitration in the region.

In tune with the international focus of the Chartered Institute of Arbitrators (ClArb), Chief Justice Allsop commented on some of the important changes he has observed in international arbitration over the past two decades.

On a broad level, his Honour noted the changes in the education of the judiciary, barristers, solicitors and arbitrators (in no small measure through courses run or facilitated by CIArb). His Honour observed that the increase in education has resulted in fewer outlier cases for a number of years in Australia, which could not be said for a decade or a decade and a half ago. Recent decisions in Australia in relation to maritime arbitration were noted as demonstrative of this.

He also commented that the legal fraternity and also consumers of arbitration, have matured in their understanding of how arbitration works, and the deal that is involved in an agreement to arbitrate.

His Honour made the point to a degree that sovereignty was given away by the negotiators of the New York Convention, and the resolution of international disputes subject to arbitration agreements was put in the hands of arbitrators, often foreigners. Central to this was the fairness of the process.

His Honour said that the key to the success of international arbitration in the Asia-Pacific region is through the support and encouragement of the process by local judiciaries. This should provide for a fair system that:

  • is consistent with the arbitration agreement
  • facilitates a fair hearing with notice
  • incorporates the notion of public policy, including procedural fairness consistent with the fundamental norms of the state.

His Honour referred to a talk given by Sundaresh Menon, Chief Justice of Singapore where he stated that it is not for courts and arbitration bodies in the Asia-Pacific region separately to cope with dispute resolution over the next 25 years. Rather, there will need to be a sophisticated regional justice system in which courts and arbitration systems work together.

His Honour predicted that, in the future, arbitration will take its place as the dominant workhorse of the justice system, supported by clusters of efficient courts in the region. This will in turn create a regional international legal culture: practitioners reading judgments from different jurisdictions, practitioners working in different jurisdictions, and cases moving through lawyers in different legal cultures.

Chief Justice Allsop concluded by noting there is a will to develop a fundamental trust between commercial courts and arbitrators and arbitration institutions. Seat courts will play a dominant role through enforcement and interim support.

Beth Cubitt is a Chartered Institute of Arbitrators fellow and Clyde & Co partner in Perth.

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

Bright future for 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 & ...