{"id":212,"date":"2015-02-20T16:12:53","date_gmt":"2015-02-20T05:12:53","guid":{"rendered":"http:\/\/adc.nfshost.com\/?page_id=212"},"modified":"2022-04-28T11:51:56","modified_gmt":"2022-04-28T01:51:56","slug":"arbitration","status":"publish","type":"page","link":"https:\/\/disputescentre.com.au\/arbitration\/","title":{"rendered":"Arbitration"},"content":{"rendered":"

Overview<\/strong><\/h2>\n

Arbitration is a process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner (the arbitrator) who makes a determination. The process is private and, subject to the parties\u2019 agreement, can be confidential. It offers a flexible and efficient means of resolving disputes both domestically and internationally. The decision of the arbitral tribunal is final and binding. The award is enforceable.<\/span><\/p>\n

Many commercial and construction disputes are arbitrated in Australia. The Australian Disputes Centre\u2019s dispute resolution clauses are regularly used in commercial contracts across Australia. ADC\u2019s domestic arbitration sample clause and ADC\u2019s Arbitration Guidelines are available free of charge on this <\/span>website.<\/span><\/u><\/b><\/a><\/span><\/p>\n

In the international arena arbitration can be especially effective as there may be difficulties in litigating the dispute in a jurisdiction acceptable to all parties to a contract. For international commercial disputes, arbitration is particularly useful as it allows cross border transactions to be dealt with impartially by neutral, third party arbitrators and under a neutral legal system chosen by the parties. An award made in an international arbitration is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in any State that is a signatory to the NY Convention giving it a wider and more effective reach than most court judgments.<\/span><\/p>\n

The Australian Centre for International Commercial Arbitration has formulated its own international rules which can be referred to in any contract. A model arbitration clause recommended by ACICA is available free of charge from its\u00a0<\/span>website<\/span><\/a><\/span><\/strong>.<\/span><\/p>\n<\/div>

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Industry Insights<\/h3>\n