Abstract

In 2020, the Australian Centre for International Commercial Arbitration undertook a public consultation process regarding amendments to the ACICA Arbitration Rules 2016, with a view to formulating a new ACICA Arbitration Rules 2020. The ACICA Rules Committee released the ACICA Rules 2020 Consultation Draft (current as at 6 April 2020), incorporating proposed changes to the existing ACICA Rules 2016, for public comment. This Submission was prepared for the purpose of that consultation process, and addresses the way in which the ACICA Rules 2020 Consultation Draft addresses identification of the governing substantive law. It makes two different recommendations as to how the Draft Rules' relevant provision can be improved.

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