Australia's role in international commercial arbitration

14 March 2013

Professor Luke Nottage comments on the High Court's decision to dismiss Chinese manufacturer TCL Air Conditioner's challenge to the validity of the nation's legal framework for resolving international disputes.

In an interview with Business Review Weekly, Professor Nottage says the fact that the case was brought at all damages the nation's reputation as a serious contender for international commercial arbitration in the Asia-Pacific region.

"No other major venue in Asia has experienced any such constitutional challenge, to my knowledge," he said.
"It keeps alive some lingering doubts about how serious Australia is in respect of international commercial arbitration and whether the legal advisors in Australia get the message about what's expected of a major venue.
"Hopefully, this judgment will send a message to the legal profession in Australia that the nation's courts are becoming more keen to promote international commercial arbitration."

View the entire article - Arbitration business hit despite Chinese defeat - Business Review Weekly

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