International Arbitration Guide

Australia

Russell Kennedy

Describe the international arbitration governing bodies/structure in your jurisdiction.

Australia has a robust and comprehensive legislative framework governing domestic and international arbitration. The International Arbitration Act 1974 (Cth) implements the UNCITRAL Model Law and gives effect to obligations under the New York Convention and the ICSID Convention. The Australian Centre for International Commercial Arbitration (ACICA) was established in 1985. ACICA 2021 Rules are responsive to enhanced online requirements resulting from COVID-19 and further streamlined processes.

Describe any unique circumstances in your country that affect international arbitration (i.e., change in government, etc.).

Australia has a strong reputation in the Asia-Pacific region as a stable liberal democracy committed to the rule of law. Australian Courts are neutral and both respectful and capable of enforcing arbitral awards. This consistent body of arbitral jurisprudence promotes confidence and certainty. Australian courts require arbitral proceedings to meet requirements of due process and natural justice as well as the statutory mandatory requirements. Superior Courts have specialist arbitration lists.

Please provide a brief overview of your firms international arbitration capabilities (team members, experience as litigators in arbitration as well as experience as arbitrators).

Russell Kennedy has experienced lawyers in ACICA arbitrations as well as enforcement of choice of law and arbitral awards, stay of proceedings to remit to arbitration and the intersection of complex part arbitration and part litigation proceedings. Our team has also conducted arbitrations under the ICC Rules, HKIAC Rules and an ad hoc arbitration. We advise on arbitration issues and agreement provisions in the context of international contracts and procurement.

In which areas does your firm handle arbitration? (i.e., international investment, infrastructure, public works, energy, construction, etc.)

Infrastructure, energy, construction, intellectual property and a wide variety of commercial and contractual areas.

Which industries does your firm serve in this area (i.e., energy, insurance, public concessions, etc.)?

Construction, government, energy, major projects, direct selling/multilevel marketing, amongst others.

Does your firm provide lawyer representation or certified arbitrator resources, or both? Please describe.

Our experienced litigation and dispute resolution practitioners provide lawyer representation and advice in relation to all aspects of arbitration. Russell Kennedy does not take appointments as arbitrators.