Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective

ISBN-13: 9783319354859 / Angielski / Miękka / 2016 / 259 str.

Gabriel A. Moens; Philip Evans

Opis

This book provides a comprehensive Australian perspective on the resolution of resources disputes. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration.

Spis treści

An Australian Perspective on Arbitration and Dispute Resolution in the Resources Sector.- Australia’s International And Domestic Arbitration Framework.- The Importance of Arbitration to the Resources Sector.- Drafting Arbitration Clauses For The Resources Sector.- The Enforcement of Dispute Resolution Agreements in the Resources Sector.- Arbitral law reform in Australia: what are the signs of progress to date?.- Mediation in the Resources Sector: ‘alternative’ dispute resolution or now the norm?.- Statutory Adjudication and the Resources Sector.- Recent International Commercial Arbitration And Investor-State Arbitration Developments Impacting On Australia’s Investments In The Resources Sector.- Domestic Court Proceedings relating to International Commercial Arbitration in the Resources Sector.- Resource Nationalism: Old Problem, New Solutions.- Mining Projects In Ohada: The Legal And Judicial Climate.- International Arbitration And The Client’s Perspective.

Blurb

This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.