Commercial Arbitration in Australia Under the Model Law provides an annotated guide to domestic commercial arbitration legislation in Australia under the uniform commercial arbitration Acts.
This pioneering work first published in 2010 and is now in its Third Edition. Since the Second Edition, all States and Territories have enacted Commercial Arbitration Acts (“CAAs”) based on the Model Law on International Commercial Arbitration.
The work now provides an analytical commentary on the growing body of case law on the application of the provisions of the Model Law in Australia and other Model Law jurisdictions around the world.
New developments include:
- Case law analysis from the 12 years since the CAAs’ inception;
- Consideration of other Model Law jurisdictions, including key cases from Hong Kong, Singapore, Canada, Germany and Spain and comparisons with the case law in England and Wales;
- Innovations in institutional rules, including the 2016 ACICA Arbitration Rules;
- Improvements to the efficiency of arbitration, including the establishment of the role of emergency arbitrator;
- The impact of the High Court’s 2019 decision in Rinehart v Hancock Prospecting Pty Ltd as well as other developments arising from the Rinehart litigation;
- Developments in ‘arb-med’, including the Supreme Court of NSW’s decision in Ku-Ring-Gai Council v Ichor Constructions Pty Ltd;
- Issues such as the scope of the CAAs, arbitrability and the construction of arbitration agreements;
- Evolving standards for impartiality or independence and the Federal Court’s decision in Hui v Esposito Holdings Pty Ltd; and
- Role of the courts, including whether courts may grant anti-arbitration injunctions.
This title continues to be the definitive work in its field and is a ’must have’ for anyone involved in commercial dispute resolution in Australia, whether as a party to the arbitration, counsel, neutral or student.
