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The International Arbitration Act 1974: A Commentary
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The International Arbitration Act 1974: A Commentary

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Overview
Published Dec 2011 (LexisNexis)
ISBN: 9780409327472.
Description

Author(s): Holmes, M and Brown, C

Authoritative and up-to-date, The International Arbitration Act 1974: A Commentary, is a detailed, analytical text providing guidance on the interpretation of key international arbitration legislation.

This text is the result of a fruitful collaboration between the co-authors, a leading practitioner and an academic, who are both experts in this area of law. The commentary follows the structure of the International Arbitration Act 1974 (Cth), making this an easy reference tool for practitioners and researchers.

An extensive provision-by-provision commentary on the Act is provided, with extensive references to both relevant Australian case law and important judicial consideration from foreign jurisdictions. The legislative history of each provision is clearly set out, enabling readers to develop an in-depth understanding of the law. This extends to include a detailed treatment of Schedule 2 of the Act, the UNCITRAL Model Law on International Commercial Arbitration, and Schedule 3 of the Act, the Convention on the Settlement of Investment Disputes between States and Nationals of other States.

This text incorporates the changes to the Act made by the 2010 amendments and the Statute Law Revision Act 2011 (Cth). A thought-provoking discussion is provided of the Court of Appeal of the Supreme Court of Victoria's judgment in IMC Aviation Solutions Pty Ltd v Altain Khuder LLC [2011] VSCA 248 and the High Court's judgment inWestport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37.

The International Arbitration Act 1974: A Commentary is an essential inclusion in the library of anyone teaching, practising or working in international arbitration in Australia.

Features

- Detailed commentary on each of the provisions of the Act
- A one-stop reference for practitioners and researchers
- Commentary follows the structure of the Act providing readers with an easy reference tool
- Guidance on the interpretation of each provision by Australian courts, including references to judicial considerations
- Commentary on the UNCITRAL Model Law, including interpretation of the key international arbitration legislation adopted in over 70 jurisdictions with reference to relevant Australian case law

Table of Contents

Part I - Preliminary
Part II - Enforcement of foreign awards
Part III - International Commercial Arbitration
Division 1 - Preliminary
Division 2 - Model Law
Division 3 - Additional provisions
Division 4 - Miscellaneous
Part IV - Application of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Division 1 - Preliminary
Division 2 - Investment Convention
Division 3 - Miscellaneous
Part V - General matters
Schedule 1 - United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Schedule 2 - UNCITRAL Model Law on International Commercial Arbitration (As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006)
Schedule 3 - Convention on the Settlement of Investment Disputes Between States and Nationals of Other States

Chester Brown

Chester Brown is Associate Professor in the Faculty of Law at the University of Sydney and a Barrister at 7 Selborne Chambers, Sydney. He is also a door tenant at Essex Court Chambers, London, and Maxwell Chambers, Singapore. He teaches, researches and practices in the fields of international arbitration, international investment law, and public international law.

Malcolm Holmes QC

Malcolm Holmes QC is a Senior Counsel in practice at the New South Wales Bar and a Chartered Arbitrator with chambers at Eleven Wentworth Chambers, Sydney and 20 Essex St, London. He also teaches international arbitration at the University of Sydney, the University of New South Wales and the University of Queensland. He is a former President of the Australian Branch of the Chartered Institute of Arbitrators.

 

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