Arbitration

Arbitration is a fundamentally different approach to managing and resolving disputes. The process involves the parties to a commercial dispute agreeing to appoint an expert independent arbitrator, who delivers what is usually a binding decision, known as an award.

Successful arbitration requires experienced practitioners, trained in the relevant legal rules and procedures. For international disputes, practitioners must also be sensitive to cross-cultural considerations.

MinterEllison’s arbitration team operates both nationally and internationally and handles commercial disputes arising as a result of globalisation and the increasing number of cross-border transactions being conducted by major corporates. The team comprises specialists selected from different areas of practice and working in a variety of Australian and overseas locations.

When acting for a party to an arbitration, our approach is strategic, with a single minded emphasis on identifying and meeting our clients’ commercial objectives.

Our experienced team assists with:

  • drafting arbitration agreements
  • choosing the most appropriate arbitrator
  • analysing the pros and cons of suitable venues
  • choosing the appropriate type of arbitration for the dispute
  • identifying innovative processes to reduce the time and cost of dispute resolution
  • conducting the proceedings and providing strategic advice
  • advising on where and how to enforce awards and conducting enforcement proceedings

25 February 2014

The close of 2013 saw the ICC launching the new ICC Mediation Rules at a global launch event in Paris. The new Rules, which entered into force on 1 January 2014, replace the ICC ADR Rules.

19 August 2013

Two cases in the UK and China have called into question the certainty of alternative dispute resolution outcomes for international traders. Both judgements highlight the impact varying legal frameworks have on dispute resolution mechanisms within the jurisdictions of Australia's trading partners.

15 April 2013

The Singapore International Arbitration Centre (SIAC) has announced a new governance structure and a revised edition of the SIAC Rules of Arbitration, effective from 1 April 2013. Clients should not underestimate the significance of these changes.

22 September 2011

On 12 September 2011, the International Chamber of Commerce (ICC) unveiled the latest version of its Rules of Arbitration which commence on 1 January 2012. Following a review that began in 2008, the new Rules were approved by the ICC World Council in Mexico City in June this year. The revised Rules aim to address the complexities of international commercial and business disputes, and include amendments borne of experience gained from using the 1998 Rules.