Domestic Arbitration

Australia has a bifurcated legislative regime regulating arbitration, with a Federal statute governing international arbitration (and the enforcement of foreign awards) and a separate set of uniform State and Territory statutes governing domestic arbitration. Underlying both is the UNCITRAL Model Law on International Commercial Arbitration, thus providing for a harmonised approach to the regulation of arbitration in Australia. The first revised uniform domestic arbitration Act was passed in 2010 Commercial Arbitration Act 2010 (NSW).  The rest of the Australian States and Territories have followed suit with the ACT being the last to pass its Act in 2017.

Case Note: Spaseski v Mladenovski

December 2nd, 2020

Case Note: Spaseski v Mladenovski [2019] WASC 65 The Extent of the Reasonable Right to be Heard Nick Longley Partner, HFW,…

Read More

Case Note: Ku-ring-gai Council v Ichor Constructions Pty Ltd

December 2nd, 2020

Case Note – Ku-ring-gai Council v Ichor Constructions Pty Ltd Dr Vicky Priskich Barrister and Arbitrator,  Melbourne, Australia View Profile A  Introduction…

Read More

Case Note: Feldman v Tayar

August 16th, 2021

Case Note: Feldman v Tayar [2021] VSCA 185  Adequacy of Reasons and Sufficiency of Arbitration Agreement Prepared by Dr Andrew…

Read More