promoting maritime arbitration in asia pacific – the way forward peter mcqueen fciarb chair,...
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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 pro-arbitration 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