| Is arbitration in commercial disputes dead and buried?
with Kerrie Leotta
on Thursday 13 May 2010
Is arbitration as an ADR process in commercial disputes dead and buried or can it be revived? A look through the lens of the construction industry.
The use of arbitration as a method for resolving commercial disputes in Australia has been declining. In this session Kerrie Leotta explores the reasons for this decline in the construction industry.
According to Professor Doug Jones, Director of the Australian Centre for International Commercial Arbitration (ACICA), international arbitration is emerging as the preferred choice for resolving commercial disputes, particularly by Asian business.
In a joint media release on 3 March 2010, the Attorney-General, Hon Robert McClelland MP and the New South Wales Attorney-General, John Hatzistergos announced the establishment of the Australian International Disputes Centre in Sydney (expected to open mid-year).
Mr McClelland said “Australia is well placed to capitalise on the booming global market for cross border dispute resolution, particularly in the Asia Pacific region".
Mr McClelland said that ongoing reforms to arbitration laws, at both a State and Federal level, will create an international best practice legal framework for arbitration in Australia.
Kerrie critically examines the proposed amendments to the Commercial Arbitration Act (1984) NSW, to evaluate whether these amendments are likely to result in an increase in the use of arbitration in the construction industry.
About Kerrie Leotta
Kerrie Leotta is a Barrister in practice at 8 Garfield Barwick Chambers with a Master’s degree in Law/Alternative Dispute Resolution. Kerrie is an Accredited and Graded Arbitrator, both civil and commercial, with a Professional Certificate in Arbitration from the University of Adelaide. Kerrie is also an Accredited Mediator and Registered Family Dispute Resolution Practitioner.
She is a past Member of the Consumer, Trader & Tenancy Tribunal and has conducted many mediations, arbitrations and court references both as a barrister and as the arbitrator, conciliator or referee in building and construction disputes.
Kerrie is the Convenor of the Australian Construction Law Discussion Group and a Deputy Chair of the Law Council Business-Construction Law (NSW) Chapter.
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