Arbitration in Australia

Summary

This project examines developments in Australian arbitration law over the last 10 years, assessing the extent to which ‘efficient’, ‘effective’, and ‘economic’ policy goals are achieved.

Researchers

Project Background and Aims

In 2009, the Australian Centre for International Commercial Arbitration hosted a conference in Melbourne exploring the state of Australia’s arbitration law in the context of three policy considerations – whether the law was ‘efficient’, ‘effective’, and ‘economical’.

In the intervening 10 years, many developments in Australian arbitration law – both legislative, and via case law – have taken place.  A question remains, however, as to whether they have improved Australia’s arbitration landscape in relation to these three key policy measures.

This project aims to investigate this question, and in doing so, make observations that might inform future arbitration law reform – domestic, and international – in Australia.

Methodology

This project adopts a traditional, doctrinal methodology – investigating legislative developments in Australian arbitration law, case law, and arbitration literature covering the past 10 year period.