3rd AU Intl Arbitration Conference (FINAL)

1

Australia as an Arbitral Seat

Sydney: 3rd International Arbitration Conference

David L. KreiderInternational Arbitrator

24 November 2015

David L. Kreider, International Arbitrator

2

Think of Australian Arbitration as a Brand


‘Seats’ Are Ranked Like Any Branded Product or Service

David L. Kreider, International Arbitrator3

4

1st Hallmark of a Safe Seat: A Modern Arbitration Law

WITH NO FISHHOOKS!


Done!


6

2nd Hallmark of a Safe Seat: A Supportive Judiciary

'...[O]n the whole, Australia is continuing to progress and develop as a pro-arbitration jurisdiction, although there continues to be debate about whether the Federal Court should have exclusive jurisdiction over international arbitration awards, both foreign and domestic, to the exclusion on the State and Territory Supreme Courts or, at the very least, whether the Full Federal Court should, to the exclusion of the State and Territory Supreme Courts, be the sole court of appeal for international arbitration matters'.


Recent Representative Decisions

• Uganda Telecom Ltd v. High-Tech Telecom Pty Ltd [2011] FCA 131;

• Castel Electronics Pty Ltd v. TCL Air Conditioner (Zhong Shan) Co Ltd [2012] FCA 21 (23 January 2012), and Castel Electronics Pty Ltd v. TCL Air Conditioner (Zhong Shan) Co Ltd (No. 2) [2012] FCA 1214 (2 November 2012];

• TCL Air Conditioner (Zhong Shan) Co Ltd v. The Judges of the Federal Court of Australia [2013] HCA 5.


8

Consistency in Applying Regional Best Practices is Key!


9

Always Promote Australia as a Contributor tothe Development of International Arbitration in Asia

• The message: Australia is a ‘safe seat’ that will contribute to the growth of international arbitration across the Asian Region;

• The secondary message: Australia will differentiate its brand and distinguish itself as a ‘seat’, and will lead in key areas;

• The AU judiciary (the supervisory courts) are well placed to effectively advocate these messages to in-house counsel and their representatives, at home and abroad;

• Consistency of message and performance is key!


10

Thank you.

David L. KreiderInternational Arbitrator

Email: [email protected]

Chartered Arbitrator. Licensed attorney and solicitor in New York, California, New Jersey,Florida, the District of Columbia, England and Wales, and Hong Kong.


Documents

3rd AU Intl Arbitration Conference (FINAL)