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International Commercial Arbitration – Australia in the Asian Century?

Australia’s reputation as a likely seat for international arbitration may be at risk says Professor Luke Nottage of the Sydnes Law School. This risk was brought about by the claim of the Chinese manufacturing company, TCL Air Conditioner in a case before the High Court arguing that the Federal Court’s power to enforce an arbitral award against it was a breach of constitutional separation of powers. Nottage adds that Australia’s government has been too slow to embrace arbitration in its state and federal laws, and as a consequence had given up valuable ground to other regional hubs such as Singapore and Hong Kong. Read More

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