Arbitration and Dispute Resolution in the Resources Sector: by Gabriël A. Moens, Philip Evans

By Gabriël A. Moens, Philip Evans

This publication offers a entire Australian viewpoint at the answer of assets disputes. specifically, it makes a speciality of using arbitration, mediation and adjudication within the assets quarter. It concentrates on arbitration because the most well liked approach to dispute answer, together with foreign advertisement and investor-state arbitration. The publication deals attention-grabbing insights into using arbitration to funding disputes concerning assets businesses within the African OHADA international locations, Australia and different nations. It bargains an Australian standpoint with the intention to be invaluable to discerning arbitration students and dispute resolvers. moreover, the e-book presents helpful info on easy methods to draft arbitration clauses for assets region contracts. This e-book can be of curiosity to contributors of the tutorial learn group and also will entice dispute answer execs and practitioners.

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The State Acts do permit referrals of questions of law but only in very limited circumstances. The parties must agree to the referral or the arbitrator must decide that it is necessary. Even then, the question cannot be referred without the Court also granting leave (see, for example, section 27J of the CAA WA). 4 Right to Appeal on a Point of Law Under section 8 of the IAA, the Court can only refuse to enforce a foreign arbitral award on the limited grounds set out in that section. This follows Article 34 of the UNCITRAL Model Law.

For this reason, the resources sector may pick up, in relation to those contracts, the more traditional approach to dispute resolution which arbitration represents. However, it is worth taking a more holistic view of dispute resolution in the context of the resources sector by conceptualising arbitration in its many forms as a means for effective dispute resolution. In the context of Australia, we now have the legal and actual expertise structures which enable international arbitrations to be successfully conducted, providing in Australia an effective means of resolving the disputes that emerge in the resources sector.

It is “uniform” in the sense that the constitutional responsibility for legislation in relation to domestic arbitration lies with the States, and the States have enacted 1 With the exception of the ACT, all States and Territories in Australia have now adopted domestic arbitration legislation based on the Model Law as amended in 2006. See Commercial Arbitration Act 2010 (NSW); Commercial Arbitration Act 2011 (SA); Commercial Arbitration Act 2011 (Vic); Commercial Arbitration (National Uniform Legislation) Act 2011 (NT); Commercial Arbitration Act 2011 (Tas); Commercial Arbitration Act 2013 (Qld); Commercial Arbitration Act 2012 (WA).

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