To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?
So far in 2010, at least two jurisdictions have established specialized courts to handle international arbitration matters ─ Australia (in the state of Victoria) and India (in Bombay).
Australia: Within Australia’s federal structure, international arbitration matters are in the jurisdiction of state supreme courts. In 2009, Australia’s Parliament gave the Federal Court concurrent jurisdiction over international arbitration. In addition, a practice note recommended the appointment of an “Arbitration Coordinating Judge” for each registry. In January 2010, the Supreme Court of Victoria made such an appointment, creating an arbitration list (“List G”) that centralizes arbitra [...]
Why Canada Leads as the Model Law Turns 25
It is true that Canada did not qualify for FIFA’s World Cup and did not dominate at the Winter Olympics. However, when it comes to the UNCITRAL Model Law on Commercial Arbitration, Canada is a leader.
This year marks the 25th anniversary of the Model Law. Since becoming the first state signatory to the Model Law in 1986, Canada has played a key role in the Model Law’s development and judicial interpretation. Indeed, of the 316 decisions reported by the UNCITRAL Secretariat on the Model Law, over one-third (112) emanate from Canadian courts.
At this silver anniversary of the Model Law, it is timely to reflect on the significance of Canada’s contributions, and on what the Canadian expe [...]
