Title: Public Policy in International Commercial Arbitrations in Australia
Abstract: WITH THE establishment of the Australian Commercial Disputes Centre, the framework of supportive legislation and Australia's stable and political system and place in the West Pacific, Australia is becoming an increasingly attractive forum for international arbitration. The purpose of this paper is to examine the international arbitral framework that exists in Australia and to highlight the role that public policy plays in the differing stages of that regime. In contrast to litigation, [international] arbitration, to a greater extent, is divorced from any particular national legal system. The parties can construct their own dispute resolution regime by choosing the arbitrator, the rules pursuant to which the arbitration will be held, and the law governing the arbitration. Moreover, the New York Convention gives arbitration wider international effectiveness than litigation could ever have. The convention, which has been ratified by many of the important trading countries of the world, states than an arbitration...
Publication Year: 1993
Publication Date: 1993-06-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 2
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