Commercial Arbitration – does it really have a future?
With the passing of the Commercial Arbitration Act 2011 (Vic) and similar Acts in all other States of Australia the opportunities for domestic commercial arbitration to really take hold appears now to be high.
This article examines what may be seen to be seven benefits arising under the new Commercial Arbitration Act 2011, namely:
(a) privacy and confidentiality;
(c) specialist expertise;
(e) the ability of the arbitral tribunal to exercise a great degree of control;
(f) interim measures;
(g) limited appeals.
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).