find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Australia tipped as arbitration hub: Chief Justice

Australia tipped as arbitration hub: Chief Justice

Tim French

Australia’s robust judiciary and strong legislative frameworks are likely to attract international arbitration to our shores, High Court Chief Justice Robert French has said.

Speaking at the 30th anniversary of the Australian Centre for International Commercial Arbitration (ACICA), Chief Justice French said Australia’s judiciary had long accepted the legitimacy of international dispute resolution.

“There can be little doubt…that the statutory framework, constitutionally supported, provides a stable platform for the projection of Australian dispute resolution services in our region and beyond,” he said.

While acknowledging the market for arbitration was “highly competitive”, he suggested Australia’s judicial tradition gave it an edge.

“With a solid and well-respected judicial system, a solid constitutional and statutory foundation for the arbitral process and a highly competent cohort of legal practitioners and others with expertise in the fields of international trade and commerce, dispute resolution in Australia is in a strong position,” he said.

However, he noted Australia’s geographical isolation could put it at a disadvantage, particularly when compared with Singapore and Hong Kong.

“There's no doubt that other countries in our region are highly committed to the provision of these services,” he said.

He praised ACICA for establishing itself as Australia’s foremost cross-border dispute resolution body and raising Australia’s profile in the global market.

“I think ACICA, having regard to its achievements, is in a position to look forward with a considerable degree of optimism to enhancing Australia's reputation as a considerable international service provider,” he said.

ACICA president Alex Baykitch shared the chief justice’s positive outlook, saying Australia had already begun to attract considerable international attention.

“Interestingly, we've had a number of disputes in the last 12 to 18 months which have no connection to Australia whatsoever,” he said.

He speculated that Australia’s “quality judiciary” and “legislative foundation” were the main drawcards for overseas corporations.

Although noting that competition in the region is heated, he suggested Australia may become particularly attractive to US corporations dealing with Asian counterparts.

“We have a common language, a common legal heritage and common cultural backgrounds. Focusing on the US is one thing I'd like to do,” he said.

He also committed to raising the profile of arbitration within Australia, noting the “excellent judiciary” could actually be a disadvantage for arbitrators.

“Why would you pay for an arbitration when you can get it for free through the courts?” he said.

To combat this perception, he plans to promote arbitration’s cross-border enforceability to Australian companies.

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

Australia tipped as arbitration hub: Chief Justice
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
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'...
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...
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 & ...