Transcript Document
Promoting Maritime Arbitration in Asia Pacific – The Way Forward Peter McQueen FCIArb Chair, Australian Maritime and Transport Arbitration Commission (AMTAC) www.amtac.org.au September 2013 Promotion of maritime arbitration - Asia Pacific Regional Arbitration Group (APRAG) - APRAG as promotion platform - Co-operation and collaboration - Asia Pacific “maritime arbitration cake” - Compelling places to conduct maritime arbitration Attractions of arbitration seat - Leading edge international arbitration legislation - High quality, independent and proarbitration judiciary and courts - Internationally recognised capability of arbitration practitioners - Excellent facilities and dedicated dispute centre Leading edge international arbitration legislation - Incorporation of New York Convention and Model Law - Objects of legislation - Model Law mandatory - Arbitrators and foreign lawyers - Interim measures Leading edge international arbitration legislation - Confidentiality - Challenge of awards - Recognition and enforcement of arbitration agreements and foreign awards - “Public policy” definition Rules of arbitration institutions - Arbitration rules – timely, cost effective and fair, having regard to complexity and value of dispute - Fast-track procedures - Procedures for emergency arbitrators The way forward - Promote use of arbitration clauses providing for Asia Pacific seats - Encourage adoption of arbitration rules of Asia Pacific arbitration institutions - Develop awareness of advantages of arbitration and of conducting arbitration in Asia Pacific The way forward - Conduct teaching and refresher training to improve skills and maintain standards of expertise - Reliable arbitration seats - Efficient dispute centres - Skilled arbitration practitioners AMTAC - Commission of ACICA - AMTAC Members from public and private maritime and arbitration sectors - AMTAC Panel of Arbitrators - AMTAC Arbitration Rules and AMTAC Rocket Docket - Website www.amtac.org.au Promoting Maritime Arbitration in Asia Pacific – The Way Forward Peter McQueen FCIArb Chair, Australian Maritime and Transport Arbitration Commission (AMTAC) www.amtac.org.au September 2013