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Future Opportunities for Commercial Arbitration

Journal article | November 2012 | Available for purchase & free for members

Abstract

Recent reform of Commonwealth and state legislation is decidedly pro-arbitration. That approach gives much greater flexibility to the parties to design their own procedures and limit the circumstances in which a court can intervene in the process or outcome of a commercial arbitration. At the same time there are also opportunities to partner with the Courts to obtain assistance by way of enforceable orders where they are necessary to preserve the subject matter of the arbitration, to obtain evidence or to require a party to conduct themselves in good faith towards the arbitration process. The ability to arrange combined mediation/arbitration will also provide parties with more options to resolve a dispute. The paper concludes that laws can only ever provide a framework - how they are applied will determine whether the reform of commercial arbitration laws in Australia has been a success.

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Thanks

We thank the author of this article Robert McClelland and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration