In commercial disputes, parties often choose arbitration as an alternative method of resolving their disputes outside of traditional court proceedings. Despite the existence of an arbitration agreement, it is widely accepted that a party’s right to arbitrate may be waived by either an explicit contractual provision or its subsequent conduct. The courts have taken different […]
Australia Arbitration
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
International Arbitration in Australia: Legal and Institutional Framework
International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth)(“IAA”) as amended in 2010, 2015 and 2018. The legal and institutional framework related to arbitration in Australia has been significantly amended over the past decade as part of a wide-reaching arbitration reform aimed at promoting Australia as an attractive regional seat for […]
