Bjorn Gehle wrote a detailed examination of the ACICA Rules. The Arbitration Rules of the Australian Centre for International Commercial. These rules (“Rules”) are the rules of arbitration of the Australian Centre for InternationalCommercial Arbitration. This changed significantly in when ACICA launched its own institutional arbitration rules, known as the ACICA Arbitration Rules (“ACICA Rules” or “Rules ”).

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Under article 29 of the Model Law, any decision of the arbitral tribunal must be made by a majority of its members, but the presiding arbitrator may decide procedural questions if authorised by the parties or the arbitral tribunal. Parties are generally free to tailor the arbitration procedure to their particular needs, provided they comply with fundamental principles of due process and natural justice.

Form of the award The proceedings are formally ended with the issuing of a final aciva. On 19 Octoberthe sub-committee released a consultation paper in which it recommended that the Arbitration Ordinance should be amended to permit third party funding for arbitrations taking xcica in Hong Kong.

The power of the emergency arbitrator applies to all arbitrations conducted under the Ruls Rules, unless the parties expressly opt out of the regime in writing. ACICA periodically reviews and updates its rules to ensure that they reflect international best practice and continue to best serve the needs of its users.

arbitratiion The Model Law does not contemplate any right to appeal for errors of law. Australia has acceded to the New York Convention without reservation. Courts will refuse a stay only if they find the arbitration agreement is null, void, inoperative or incapable of being performed and may impose such conditions as they think fit in ordering a stay.

Allens: Publication: Focus: Arbitration Roundup

While most major international arbitration seats now allow third party funding in arbitration, it is still unclear in Hong Kong whether such arrangements are prohibited by the common-law doctrines of champerty qcica maintenance. Between 1 July and 1 OctoberSIAC received 46 emergency arbitration applications, of which relief was granted in 27 applications 60 per cent. Courts will generally interfere only if specifically requested to do so by a party acic the tribunal, and only where the applicable law allows them to do so.


Arbitrations seated in Australia now enjoy confidentiality by default section 23Csubject to a limited number of narrow exceptions, such as where the parties expressly agree otherwise sections 23DG.

The international arbitration group at Clayton Utz is one of the leading practices in the Asia-Pacific region. Andrea Martignoni Partner, Sydney Ph: One of the major objectives of the changes has been to reduce the rising time and cost of international arbitrations.

A summary of the consultation paper can be found here.

Australian Centre for International Commercial Arbitration (ACICA)

The Federal Court interpreted that aica to mean that the parties intended to preserve their right to seek injunctive or declaratory relief before a court. However in Singapore third party funding agreements are generally unenforceable unless the funder can demonstrate either that it has a legitimate commercial interest in the claim or the assignment of interest is ancillary to a transfer of property.

As this is the first time the rules have been updated sinceACICA has taken the opportunity to implement rulse new measures in order to keep in step with other arbitral institutions around the globe.

Failing such agreement, the Model Law and CAAs prescribe that the party must initially submit a challenge to the tribunal, and then may apply to a competent court if the rulds is rejected. Where the parties have not agreed upon an appointment procedure or where their appointment procedure fails, parties are able to seek the appointment of arbitrators for international arbitrations from ACICA.

For further information, please contact: After a detailed synthesis of the Australian authorities, his Honour held that disputes that are arbitrable may include claims involving fiduciary breach, fraud, serious misconduct, claims for the removal of a trustee and certain statutory claims for breach of the Competition and Consumer Act Cth such as claims under section 18 in respect of misleading and deceptive conduct and contraventions of the Corporations Act Cthnotwithstanding that such claims may entail the grant of statutory remedies by the arbitral tribunal.

Awards made in these countries will now be enforceable in Australia. These changes are not expected to have any significant effect on arbitration practice. Recent Arbitration publications 2 November Focus: Suggestions included the use of instruments issued by arbitral institutions 23 per centa code of conduct by a professional body 22 per cent and databases providing information about arbitrator performance 21 per cent. Paragraph 12 prohibits the performance of any decision-making functions.

For awards made within Australia, either article 35 of the Model Law for international arbitration awards, or section 35 arbitrahion the CAAs for domestic awards, applies. FTAs with China and Korea also incorporated ISDS provisions including requirements that Australian investors must be treated fairly and equitably, and prohibit discrimination against foreign investments in favour of domestic investments.


Clayton Utz is committed to the development and study of international arbitration and international dispute resolution in Australia and the Asia-Pacific region.

This consultation paper from the Hong Kong Law Reform Commission is another sign of Hong Kong’s commitment to attract the international arbitration community to continue to arbitgation Hong Kong as a seat in international arbitrations.


In addition, the ACICA Rules require arbitrators to adopt certain case management practices including conferencing and measures to encourage settlement by the parties article rulex In aicca to those functions prescribed in aclca Model Law, courts have additional powers granted by the IAA, including the power to issues subpoenas, as discussed above.

In particular, section 21 of the IAA was repealed, which had the effect that parties could no longer contract out of the Model Law.

Often, in practice, the most important moment for a party that has tules an award is the enforcement stage. The changes are in response to recent developments in the region and bring the rules into line with the best practice of other international arbitration centres.

A third party funding arrangement for arbitration commonly provides that the third party funder will pay the funded party’s legal and other costs of the arbitration in return for a percentage of the award.

Australian courts have taken a broad view on the scope of commercial disputes that are capable of settlement by arbitration ie, arbitrable.

ACICA Archives – Kluwer Arbitration Blog

In addition to state-of-the-art hearing facilities, the ADC also provides all the necessary business support services, including case management and trust account administration provided by skilled and professional staff. Sign up to GAR alerts. Login Register Follow on Twitter Search.

Section 8 of the CAAs gives greater primacy to the arbitration agreement.