Corrs Chambers Westgarth has contributed to the sixth
edition of The International Arbitration Review (Law
Business Research Ltd, 2015), an annual guide to international
commercial and investment arbitration in the most significant
jurisdictions worldwide and to the principal international
The chapter on developments in Australia is authored by
partner James Whittaker, counsel Colin Lockhart, and lawyer Tim
Article PDF to read Corrs' contribution to the
In the words of the editor: "International arbitration is a
fast-moving express train, with new awards and court decisions of
significance somewhere in the world rushing past every week.
Legislatures, too, constantly tinker with or entirely revamp
arbitration statutes in one jurisdiction or another. The
international arbitration community has created a number of
electronic and other publications that follow these developments
regularly, requiring many more hours of reading from lawyers than
was the case a few years ago. Scholarly arbitration literature
follows behind, at a more leisurely pace. However, there is a niche
to be filled for analytical review of what has occurred in each of
the important arbitration jurisdictions during the past year,
capturing recent developments but putting them in the context of
the jurisdiction's legal arbitration structure and selecting
the most important matters for comment. This volume, to which
leading arbitration practitioners around the world have made
valuable contributions, seeks to fill that space."
In their chapter, James, Colin and Tim consider recent
developments in the Australian international commercial arbitration
landscape. In particular, the chapter focuses on the judicial
treatment of the 2010 amendments to the International
Arbitration Act 1974, including decisions concerning
enforcement of non-foreign awards and the temporal operation of
section 21 of the Act, as well as the ever-growing body of case law
considering the narrow scope for resisting enforcement of arbitral
awards. The chapter also examines important investor–state
dispute developments concerning Australia, including the tobacco
plain packaging international investment arbitration under the
Australia–Hong Kong bilateral investment treaty and similar
disputes brought before the World Trade Organization.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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