New PDF release: Arbitration and Dispute Resolution in the Resources Sector:

By Gabriël A. Moens, Philip Evans

ISBN-10: 3319174517

ISBN-13: 9783319174518

ISBN-10: 3319174525

ISBN-13: 9783319174525

This booklet presents a complete Australian point of view at the answer of assets disputes. particularly, it makes a speciality of using arbitration, mediation and adjudication within the assets zone. It concentrates on arbitration because the hottest approach to dispute answer, together with foreign advertisement and investor-state arbitration. The ebook bargains attention-grabbing insights into using arbitration to funding disputes related to assets businesses within the African OHADA international locations, Australia and different international locations. It deals an Australian viewpoint on the way to be priceless to discerning arbitration students and dispute resolvers. additionally, the ebook offers worthy details on how one can draft arbitration clauses for assets quarter contracts. This ebook could be of curiosity to participants of the tutorial examine group and also will attract dispute answer execs and practitioners.

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Additional resources for Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective

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Under the State Acts, consolidation is provided for, without the requirement to opt in or out (section 27C of the CAA WA). The effect of this is that whenever an arbitration agreement is being drafted, it is important to identify which Act will govern any arbitration and then make choices for each of the opt ins and outs provided in the relevant Act. 1 Arbitral Rules It is important to differentiate between the procedural law of an arbitration and the procedural rules that govern it. Both the IAA and the State Acts set out elements of the procedure that would apply to arbitrations that fall within their ambit.

Such rights should be recognised and so the new section 21 should only be applied to arbitration agreements entered into on or after 6 July 2010. The result therefore, is that for earlier agreements, parties would retain the right to exclude the Model Law in favour of the Commercial Arbitration Act 1984 (WA). This approach has been recently adopted by Pritchard J. 2 The ‘Black Hole’ This conclusion however poses a serious problem given that all States and Territories bar the ACT have now enacted the new CAA.

Of course, in the context of binding dispute resolution, of which arbitration is one such option, courts in the various States where work is performed or goods are delivered also provide very effective commercial dispute resolution services. As an example in Western Australian, the centre of natural resources activity, oil and gas industries in Australia, the Supreme Court has the capacity to provide very effective commercial dispute resolution services to those who wish to bring their disputes to it.

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

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