Australian International Commercial Dispute Resolution

Australian arbitrators, conciliators and mediators are increasingly attracting international recognition for their skills in the resolution of commercial disputes both on and off shore. Many serve on international panels.

Australia has several alternative dispute resolution (ADR) centres which offer internationally competitive services including international arbitration, conciliation, mediation, early neutral evaluation and other forms of dispute resolution. Some of these centres offer training and an increasing number of universities offer tertiary accredited courses.

Australia is a hospitable low cost location for the resolution of international commercial disputes and is well served by international airlines, reliable communication and other essential infrastructure.

The Australian International Arbitration Act 1974 provides a supportive legal framework for the conduct of arbitrations in Australia. It provides parties with the option to use the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985 or other recognised arbitration rules. Australia is party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The use of ADR as a form of dispute settlement in Australia has increased rapidly over the past 30 years. It has attracted Government and court support, as well as support from commercial parties and the legal profession.

Amendments have been proposed to update the Australian International Arbitration Act 1974. The proposed amendments are to remove any ambiguity in the Act and to ensure that it is consistent with the 2006 amendments to the Model Law on Arbitration of the UNCITRAL Working Group II (Arbitration). The Attorney-General the Hon Robert McClelland MP released a discussion paper proposing the amendments in November 2008 and invited submissions from interested parties. More information is available from the Attorney-General's Department website.

Australian law and practice recognises the freedom of parties to arbitration agreements to contract for appropriate confidentiality. This extends to documents, evidence, the award and other elements of the arbitration.

The Australian Government has established an advisory council, the National Alternative Dispute Resolution Advisory Council (NADRAC), to provide independent expert advice to the Attorney-General on issues affecting ADR in Australia including standards and accessibility of ADR services, the use of ADR by courts and tribunals, and community and business awareness of ADR.

This website is an initiative of the Australian International Legal Services Advisory Council (ILSAC) to promote the skills and the availability of high quality ADR services in Australia, both through ADR centres and Australian ADR practitioners. ILSAC was established by the Australian Government to provide advice to the Australian Attorney-General on issues relevant to international legal services.

The material on this site is general in nature and does not endorse any of the bodies referred or to which links are provided. (Disclaimer)