Commercial Arbitration

Abstract

The Commercial Arbitration Act 2011 has expanded the potential for arbitration to grow as a more popular method of dispute resolution and as a realistically feasible alternative to litigation. National reform has created greater procedural certainty and predictability and has solidified the overarching benefits of arbitration. This has been achieved through various avenues, such as incorporating efficiency, both in cost and time, into the legislation. Further, the purpose in the Act has been given a meaningful status in the interpretation of the subsequent provisions. The case law demonstrates the broad way in which arbitration agreements and the subject matter to which they are applied are interpreted where appropriate, without undermining party autonomy where a narrower approach is to be preferred and is indeed required. The authors explore the Act, its effects and operation as well as highlighting trends and unique examples in case law as to how arbitration has progressed in Victoria, as well as in other states within Australia.