Choose 1 topic to write a research essay.(7 topics available)
1. In the Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth), the Commonwealth
Parliament legislated that ss 23C-23G of the International Arbitration Act 1974 (Cth) would apply
to an international arbitration seated in Australia unless the parties to an arbitration agreed to “opt
out” of their application. Do you agree with this legislative step? Critically discuss.
Consider the following extract from TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics
Pty Ltd [2014] FCAFC 83, [75]:
“[I]t is not only appropriate, but essential, to pay due regard to the reasoned
decisions of other countries where their laws are either based on, or take their
content from, international conventions or instruments such as the New York
Convention and the Model Law. It is of the first importance to attempt to
create or maintain, as far as the language employed by Parliament in the IAA
permits, a degree of international harmony and concordance of approach to
international commercial arbitration. This is especially so by reference to the
reasoned judgments of common law countries in the region, such as
Singapore, Hong Kong and New Zealand. Such is a reflection of the growing
recognition of the harmony of what can be seen as the ‘law of international
commerce’: Premium Nafta Products Ltd v Fili Shipping Co Ltd [2007]
UKHL 40 at [31] per Lord Hope of Craighead.”
Critically discuss. Are there limits to the extent to which Australian courts should take account of
the decisions of other national courts on international commercial arbitration?
3. UNCITRAL Working Group III is currently considering the creation of a permanent tribunal for
the settlement of investment disputes, potentially including an appellate mechanism. Do you agree
that this would be a positive development in the settlement of investor-State disputes? Explain
why.
