Commercial Arbitration in AU 2nd Edition
Edition 2 ed
Publication Date 1 Nov 2012
Overviewâ€œThe book is a tour de force. We predict that it will remain the leading textbook in Australia for a long time...Professor Jones has made a remarkable and lasting contribution to our understanding of this exciting and amazing area of law and practice." - GabriÃ«l Moens and Philip Evans, review of the 1st Edition, The ACICA News, September 2011 "Commercial Arbitration in Australia will prove to be the major source to which the arbitral profession, the legal profession and law students will turn as the prime source ... of law and commentary when dealing with arbitral problems and practice...The author has been at pains to explain and assess the prospective operation of the CAA and its impact on the existing jurisprudence of commercial arbitration in Australia". - Law Society Journal, review of the 1st Edition, October 2011 Substantive and procedural changes to Australiaâ€™s domestic arbitration laws since 2010 make Doug Jonesâ€™ Commercial Arbitration in Australia 2nd Edition essential reading. In 2010 the Standing Committee of Attorneys-General agreed to enact new uniform commercial arbitration legislation in each jurisdiction in Australia, based on the UNCITRAL Model Law.Â New South Wales was the first to do so. Since the first edition of this pioneering title published Victoria, South Australia, Western AustraliaÂ and the Northern Territory have also enacted laws based on the Model Law. Bills are progressing through the parliaments in Queensland and Tasmania. KeyÂ features of this pioneering title: Background to the reform process; Relevant case law from around the world; Australian jurisprudence on arbitration law and practice; Section-by-section commentary on the uniform law using the Commercial Arbitration Act 2010 (NSW) as the basis; and Consideration of alternative forms of dispute resolution. New developments in the 2nd Edition: Adoption of the uniform law in most Australian jurisdictions, bringing a nationalÂ regime even closer to fruition; Â Recent case law regarding the new legal framework, as well as important decisions relevant to the old legislative regime; Discussion of new developments in alternative dispute resolution and in judicial approaches to commercial arbitration; â€˜Med-arbâ€™ - the combined process of mediation and arbitration - is discussed in the context of both recent case law and its practical applications, including in the Land and Environment Court and the Workers' Compensation Commission; Examination of the impact of the High Court's decision in Westport v Gordian Runoff, in the context of both the old and the new legislative regimes; and Recent developments in Model Law jurisdictions elsewhere in the world relating to arbitral tribunals, the selection of arbitrators, recourse against awards, and the enforcement of awards.Â Case law considered in 2nd Edition includes: The debate over the standard of reasons required of arbitrators in Westport Insurance Corporation v Gordian Runoff Limited  HCA 37; The power of an arbitral tribunal to rule on its own jurisdiction in TeleMates (previously Better Telecom) Pty Ltd v Standard SoftTel Solutions Pvt Ltd  NSWSC 1365; TheÂ procedural fairness requirements of an arbitration under the old and new legislation;Â 'Arbitrability' - or whether the subject matter of certain disputes is capable of resolution by arbitration â€“ with respect to intellectual property in Larkden Pty Limited v Lloyd Energy Systems Pty Limited  NSWSC 1331, competition law in Lightsource Technologies Australia Pty Ltd v Pointsec Mobile Technologies AB  ACTSC 59, and trust disputes in Rinehart v Welker  NSWCA 95; and The procedure for enforcement of, and standards for setting aside, a foreign award in Uganda Telecom Pty Ltd v Hi Tech Telecom Pty Ltd  FCA 131. This work is a â€™must haveâ€™ for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student. Professor Doug Jones AO is a leading dispute resolution lawyer and academic recognised both nationally and internationally for his achievements in the promotion and practice of commercial arbitration and ADR. In 2014 he was the recipient of theÂ Michael Kirby Lifetime Achievement Award, sponsored by the Nexus Law Group.Â During his distinguished career, he has held eminent positions in several leading ADR organisations, including President of the Australian Centre for International Commercial Arbitration, Director of the Australian International Disputes Centre, and member of the LCIA Court. He held the international Presidency of the Chartered Institute of Arbitrators in 2011. Doug is a partner of national Australian law firm Clayton Utz, holds professorial appointments at Melbourne and Murdoch Universities and teaches in Australia and abroad and is uniquely placed to provide authoritative analysis of Australiaâ€™s domestic commercial arbitration system and its relationship with international arbitration arrangements.