Arbitration Overview

A legal process where parties agree to have their dispute resolved by a neutral third party, typically an expert in the relevant field.

A type of arbitration where an organization provides administrative support, such as setting rules and appointing arbitrators, but does not make the decision. They can provide arbitrators when the parties do not agree.

A type of arbitration where the parties manage the process without the assistance of an institution.

A specialized type of arbitration involving a dispute between an investor and a state.

A legislative framework governing arbitration conducted in Australia, implemented through state and territory laws.

An Australian organization that specializes in international arbitration and also provides support for domestic disputes.

A private and binding process where a panel of impartial experts (arbitrators) resolves a dispute after reviewing evidence.

It is a standard, widely recognized treaty that enforces arbitration awards globally, promoting cross-border commerce and dispute resolution.

The ability to choose the arbitrators, the flexibility in setting procedures, and the confidentiality of the process.

The process of resolving a dispute between an investor and a foreign government when there is a breach of an investment agreement.

The agreement that gives the arbitrators power to resolve the dispute. Be careful to define who is bound by the agreement.

It refers to the risk of having different legal authorities handle separate parts of a dispute, making the resolution complex and potentially inconsistent.

Potential drawbacks include costs, limitations on arbitrator powers, potential for delays, and limited appeal rights.

A written agreement between parties to resolve their disputes through arbitration, rather than through court proceedings.

No, a party can't avoid arbitration by starting court proceedings when an arbitration agreement exists for the dispute.

Parties agreed to arbitrate by the guidelines of the Law Institute of Victoria

The Law Institute of Victoria did not exist. Although the clause was pathological and could be rendered void by a court, the judge determined that the parties had agreed the seat would be Victoria. Courts are generally very supportive of arbitration and will try their best to uphold arbitration clauses in agreements.

If an arbitration clause refers to an organization that doesn't exist, the clause can still be valid if another similar organization is willing to conduct the arbitration.

It is the court you would go to to enforce or subpoena. Typically it is the law governing the contract.

The process of starting and responding to an arbitration case, including appointing an arbitrator.

Arbitration organizations (like ACICA, SIAC, ICC) provide a framework and rules for conducting arbitration. They do not preside over the arbitration.

A situation where a foreign investor sues a country for breach of an international investment agreement.

Arbitration awards must be written, signed, dated, and include the location of the arbitration and the reasons for the decision.

A self-represented party in an arbitration is entitled to reasonable opportunity to present their case, though the arbitrator may provide guidance.

Through documents or a hearing.

Energy and resources followed by construction (high value projects)

Where a company can bring a claim against a foreign country if they have breached their obligations under an agreement.

enforceability, confidentiality, party choice of arbitrator, neutral forum, flexibility

To recognise arbitration awards as enforceable.

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One of the most important trade treaties. The foundational instrument of international arbitration.

Some commercial disputes require ASX reporting.

The New York Convention, The UNCITRAL Model Law, The ICSID Convention

Broad definition of dispute, Choice of institution and rules, Seat of arbitration (the court you would go to), Language, Number of arbitrators