Arbitration and Dispute Resolution in the Resources Sector: by Gabriël A. Moens, Philip Evans

By Gabriël A. Moens, Philip Evans

This e-book presents a finished Australian standpoint at the answer of assets disputes. specifically, it specializes in using arbitration, mediation and adjudication within the assets region. It concentrates on arbitration because the hottest approach to dispute solution, together with foreign advertisement and investor-state arbitration. The publication bargains interesting insights into using arbitration to funding disputes related to assets businesses within the African OHADA nations, Australia and different nations. It bargains an Australian point of view that allows you to be precious to discerning arbitration students and dispute resolvers. additionally, the publication offers necessary info on the way to draft arbitration clauses for assets quarter contracts. This booklet should be of curiosity to participants of the educational study group and also will entice dispute solution execs and practitioners.

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Sample text

That is not to say, however, that arbitration is the only means of resolution of commercial differences and disputes in the resources sector. It is very important to remember that there are a variety of tools in the dispute resolution tool kit. Of course, in the context of binding dispute resolution, of which arbitration is one such option, courts in the various States where work is performed or goods are delivered also provide very effective commercial dispute resolution services. As an example in Western Australian, the centre of natural resources activity, oil and gas industries in Australia, the Supreme Court has the capacity to provide very effective commercial dispute resolution services to those who wish to bring their disputes to it.

As previously mentioned, the Western Australian Supreme Court has now established a very effective commercial dispute resolution process that provides expeditious, flexible and expert determination of commercial disputes. Domestic arbitration is different from international arbitration in this respect because there are fewer alternative choices available in the international context. The parties who choose the court option, who are domestic Australian parties, also choose the publicity which comes with court proceedings.

1 Types of Agreements in the Resources Sector One of the difficulties with addressing the issue of disputes within the resources sector is the wide ambit of disputes that arise in the industry—from relatively simple disputes between two parties, to complex, multi-party disputes involving extremely valuable projects that can potentially take years to finally determine. Often, these disputes involve complex questions of law and fact, including issues around national boundaries, environmental claims, insurance and reinsurance, sanctions, bribery and anti-corruption.

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