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Australia Arbitration Compared to International Acts

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This paper closely examines Australia's International Arbitration Law and its Commercial Arbitration Law. It provides a good background in the New York Convention, UNCITRAL Model Law, and International Convention on the Settlement of Investment Disputes (ICSID). Bibliography lists 18 sources, most of which is international case law. JVausarb.rtf

Page Count:

10 pages (~225 words per page)

File: D0_JVausarb.rtf

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Unformatted sample text from the term paper:

Acts. This can be viewed as very different from other countries such as Singapore, which hold onto their past methods of dealing with international clients. The advantage of arbitration being placed into the international court arena is that in the past, companies had no remedies for grievances when partnering with companies from other countries. Therefore, several international laws have been established to respond to this need, and most companies enact an international law incorporating them wholesale, or parts of them. Australia, while not always coming out ahead in the international venues, continues to support the move to international law by incorporating all but one of the international arbitration laws wholesale. But "wholesale" is also an interpretation. There are instances when international arbitration cases fall upon Australian courts. International Arbitration Act In support of the movement toward globalization, the Australian government passed The International Arbitration Act 1974 (IAA) (Jones 1). Under the IAA, Australia adheres to three international laws. "These are the United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Wars (the New York Convention), the UNCITRAL Model Law and the Convention on the Settlement of Investment Disputes (ICSID)" (Jones 1). The Model Law was passed by United Nations Commission on International Trade Law and policed by the UN and other agencies like the International Chamber of Commerce of London (ICC). This law allows the parties to petition arbitration, including cases involving fraud or corruption and other breaches of justice. By agreeing to settle under the Model Law, ...

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