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3rd AU Intl Arbitration Conference (FINAL)
1. 1
Australia as an Arbitral Seat
Sydney: 3rd
International Arbitration Conference
David L. Kreider
International Arbitrator
24 November 2015
David L. Kreider, International Arbitrator
2. 2
Think of Australian Arbitration as a Brand
David L. Kreider, International Arbitrator
3. ‘Seats’ Are Ranked Like Any Branded Product or Service
David L. Kreider, International Arbitrator
3
4. 4
1st Hallmark of a Safe Seat: A Modern Arbitration Law
WITH NO FISHHOOKS!
David L. Kreider, International Arbitrator
6. 6
2nd Hallmark of a Safe Seat: A Supportive Judiciary
'...[O]n the whole, Australia is continuing to progress and
develop as a pro-arbitration jurisdiction, although there
continues to be debate about whether the Federal Court
should have exclusive jurisdiction over international
arbitration awards, both foreign and domestic, to the
exclusion on the State and Territory Supreme Courts or,
at the very least, whether the Full Federal Court should,
to the exclusion of the State and Territory Supreme
Courts, be the sole court of appeal for international
arbitration matters'.
David L. Kreider, International Arbitrator
7. Recent Representative Decisions
• Uganda Telecom Ltd v. High-Tech Telecom Pty Ltd [2011] FCA 131;
• Castel Electronics Pty Ltd v. TCL Air Conditioner (Zhong Shan) Co Ltd
[2012] FCA 21 (23 January 2012), and Castel Electronics Pty Ltd v. TCL
Air Conditioner (Zhong Shan) Co Ltd (No. 2) [2012] FCA 1214 (2
November 2012];
• TCL Air Conditioner (Zhong Shan) Co Ltd v. The Judges of the Federal
Court of Australia [2013] HCA 5.
David L. Kreider, International Arbitrator
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9. 9
Always Promote Australia as a Contributor to
the Development of International Arbitration in Asia
• The message: Australia is a ‘safe seat’ that will contribute to
the growth of international arbitration across the Asian
Region;
• The secondary message: Australia will differentiate its brand
and distinguish itself as a ‘seat’, and will lead in key areas;
• The AU judiciary (the supervisory courts) are well placed to
effectively advocate these messages to in-house counsel
and their representatives, at home and abroad;
• Consistency of message and performance is key!
David L. Kreider, International Arbitrator
10. 10
Thank you.
David L. Kreider
International Arbitrator
Email: arbitrator@davidkreider.com
Chartered Arbitrator. Licensed attorney and solicitor in New York, California, New Jersey,
Florida, the District of Columbia, England and Wales, and Hong Kong.
David L. Kreider, International Arbitrator
Editor's Notes
In conclusion, hire the most capable and experienced arbitration counsel you can find
Make certain that outside counsel fully understand the company’s concerns and priorities
Delegate and trust the advice of counsel, but be proactive and verify, verify, verify
Be fully involved in discussions of arbitration strategy, the use of lay and expert witnesses, document production, and case planning, start to finish
Question any strategic decisions that you or your directors don’t fully understand or support
Show up and be present at interviews of prospective arbitrators
Show up and be present at the preliminary meeting and be involved in the preparation of any terms of reference
Always remember that the C.G. has an important role to play in ensuring that his or her employer obtains the maximum advantage from the flexibility that is promised by international commercial arbitration
Thank you for your attention!
