By Gabriël A. Moens, Philip Evans
This publication offers a accomplished Australian viewpoint at the answer of assets disputes. particularly, it makes a speciality of using arbitration, mediation and adjudication within the assets quarter. It concentrates on arbitration because the most popular approach to dispute answer, together with overseas advertisement and investor-state arbitration. The booklet bargains interesting insights into using arbitration to funding disputes concerning assets businesses within the African OHADA nations, Australia and different international locations. It bargains an Australian point of view in order to be important to discerning arbitration students and dispute resolvers. moreover, the booklet presents worthwhile info on the best way to draft arbitration clauses for assets quarter contracts. This ebook may be of curiosity to individuals of the tutorial learn group and also will attract dispute answer pros and practitioners.
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Additional resources for Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective
Of course, in the context of binding dispute resolution, of which arbitration is one such option, courts in the various States where work is performed or goods are delivered also provide very effective commercial dispute resolution services. As an example in Western Australian, the centre of natural resources activity, oil and gas industries in Australia, the Supreme Court has the capacity to provide very effective commercial dispute resolution services to those who wish to bring their disputes to it.
Parties rarely want to focus on disputes at the time that the agreement is being put together. Dispute resolution clauses are therefore normally only discussed at the end of the negotiations. By then, “battle fatigue” may have set in, it may be late at night or the parties might simply not believe that disputes are a serious risk. And so a boilerplate precedent is inserted into the agreement without any real focus on the central issues of how and where any disputes will be resolved. This may not be a problem if there is no international element to the contract in question.
In Ashjal Pty Ltd v Alfred Toepfer International (Australia) Pty Ltd,7 the vendor to a contract of sale sought a declaration of the Court that the same section of the NSW State Act was beyond the legislative power of the Parliament. Stevenson J acknowledged that legislation could not remove the Court’s jurisdiction to review the decision of a body exercising executive or judicial power for jurisdictional error. But His Honour held that, as the source of an arbitral tribunal’s power is the arbitration agreement and the lex arbitri, tribunals are neither executive nor judicial bodies; reviews of their decisions do not form any part of the Court’s supervisory jurisdiction.
Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective by Gabriël A. Moens, Philip Evans