1989: Conference Proceedings
Articles

What Price Arbitration?

Published 1989-10-16

Keywords

  • maritime arbitration,
  • International Arbitration Act 1974,
  • Convention on the Recognition of Foreign Arbitral Awards 1958,
  • UNCITRAL Model Law on International Commercial Arbitration,
  • ship arrest,
  • Admiralty Act 1988 (Cth),
  • jurisdiction,
  • arbitration clause
  • ...More
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Abstract

This paper was one of two on the topic of maritime arbitration presented at the 1989 MLAANZ Conference. In it, Byrne discusses the advantages and disadvantages (and jurisdictional and procedural aspects) of arbitration as a method of resolving maritime disputes, especially as compared with other dispute resolution procedures and litigation. The paper is contemporary with recent substantial changes to the Arbitration (Foreign Awards and Agreements) Act 1974, which implemented the provisions of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.