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Arbitration: Part 1

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1) WHY was the SYSTEM OF COMMERCIAL ADBITRATION CHANGED in 2010? EXPLAIN what the CURRENT SYSTEM is and the ADVANTAGES and DISADVANTAGES of these changes. (Jones pp 13-20.) Movement for reform began in late 60s at State Level propelled by discontent with the process amongst arbitration users and following the enactment of Arbitration Act 1950 (UK). QLD Law reform commission- 'the existing arbitration legislation in QLD is completely archaic in light of present day commercial practice.' The Standing Committee of the Attorneys-General passed a resolution to consider existing legislation and reports on commercial arbitration with a view to preparing a model bill to form the basis of UNIFORM LEGISLATION. NSW Law Reform Commission- reviewed law relating to arbitration and provided recommendations for reform-final report issued 1976- Report concluded- 'the Arbitration Act 1902 is out of date in comparison with the legislation of other countries and has many minor defects which ought to be put right...recommend that a new Arbitration Act should be introduced.'- attached to the report was the draft Arbitration Bill 1976. Introduction of the Superseded Uniform Acts in each state occurred

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Arbitration: Part 1
Topics this document covers:
Law Arbitration International arbitration Arbitral tribunal Alternative dispute resolution Contract Consumer arbitration Arbitration in the United States
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Topics this document covers:
Law Arbitration International arbitration Arbitral tribunal Alternative dispute resolution Contract Consumer arbitration Arbitration in the United States
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(Jones pp 13- 20.) 2. EXPLAIN the OPERATION of CAA s 7 and s 8. Can the COURT GRANT a STAY OF PROCEEDINGS UNTIL AFTER THE ARBITRATION HAS TAKEN PLACE (Jones pp 59-61, 108-109) 3. What if the CLAUSE IN AGREEMENT indicates that ‘EXPERT DETERMINATION’ is REQUIRED to resolve the dispute What is an ‘OPTION TO REFER’ What if ONLY ONE PARTY HAS THE RIGHT to REFER the DISPUTE to ARBITRATION Are these clauses LIKELY TO FALL WITHIN the PROVISIONS of the CAA What are the relevant cases (Jones pp 62-68) 4. EVEN if THERE IS A CLAUSE SPECIFYING an AGREEMENT to ARBITRATE, the question about WHETHER THE PARTICULAR DISPUTE falls WITHIN the SCOPE of the arbitration clause MAY BE CONTROVERSIAL. What RULES of CONSTRUCTION do COURTS APPLY to ARBITRATION CLAUSES What can lawyers learn from these rules about drafting ...
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