Albert Monichino & Alex Hawke (2012) 23 ADRJ 234

After historic changes in 2010, Australia continues to see exciting developments in international arbitration. A growing body of case law is emerging which illustrates the strengths, and also the shortcomings, of the 2010 amendments to the International Arbitration Act 1974 (Cth) (IAA). At the same time, investment arbitration has been in the headlines, with ongoing debate over government policy, the first investor-state arbitration award in favour of an Australian investor, and the commencement of the Phillip Morris arbitration. Moreover, part of the enforcement provisions of the IAA is facing constitutional challenge in the High Court of Australia.

This article surveys the most important developments over the past year. In turn, it considers:

(a) legislative developments;

(b) case law concerning both commercial and investment arbitration; and

(c) other developments, including government policy on investment arbitration and the constitutional challenge to the IAA.

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