INTERNATIONAL COMMERCIAL ARBITRATION ¦ 2022 Best answer

INTERNATIONAL COMMERCIAL ARBITRATION. In the Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth), the Commonwealth Parliament legislated that ss 23C-23G of the International Arbitration Act 1974 (Cth) …. INTERNATIONAL COMMERCIAL ARBITRATION Choose 1 topic to write a research essay.(7 topics available) 1. In the Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth), the Commonwealth Parliament legislated that ss 23C-23G of the International Arbitration Act 1974 (Cth) would apply to an international arbitration seated in Australia unless the parties to an arbitration agreed to “opt out” of their application. Do you agree with this legislative step? Critically discuss. Consider the following extract from TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83, [75]: “[I]t is not only appropriate, but essential, to pay due regard to the reasoned decisions of other countries where their laws are either based on, or take their content from, international conventions or instruments such as the New York Convention and the Model Law. It is of the first importance to attempt to create or maintain, as far as the language employed by Parliament in the IAA permits, a degree of international harmony and concordance of approach to international commercial arbitration. This is especially so by reference to the reasoned judgments of common law countries in the region, such as Singapore, Hong Kong and New Zealand. Such is a reflection of the growing recognition of the harmony of what can be seen as the ‘law of international commerce’: Premium Nafta Products Ltd v Fili Shipping Co Ltd [2007] UKHL 40 at [31] per Lord Hope of Craighead.” Critically discuss. Are there limits to the extent to which Australian courts should take account of the decisions of other national courts on international commercial arbitration? 3. UNCITRAL Working Group III is currently considering the creation of a permanent tribunal for the settlement of investment disputes, potentially including an appellate mechanism. Do you agree that this would be a positive development in the settlement of investor-State disputes? Explain why. International Commercial Arbitration Research Guide Introduction International commercial arbitration is an alternative method of resolving disputes between private parties arising out of commercial transactions conducted across national boundaries that allows the parties to avoid litigation in national courts. This guide identifies the best tools for locating primary law materials related to international commercial arbitration, including treaties, national legislation, procedural rules, and arbitral awards. It also covers secondary sources, which are essential for conducting thorough research. Key Resources for International Commercial Arbitration Global Arbitration Review (GAR) Monitor the latest developments in international commercial arbitration with this specialized news source. Also publishes topical and regional guides to arbitration and annual surveys. ICC Dispute Resolution Library (shared user name

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