The 2016 Rules of the Australian Centre for International Commercial Arbitration: Towards Further ‘Cultural Reform’

Abstract

This commentary on the 2016 ACICA Arbitration Rules highlights key changes aimed primarily at enhancing the efficiency of international arbitration proceedings in Australia. These may contribute directly, but also indirectly by prompting further legislative reforms, to an ongoing ‘cultural reform’ towards enhanced autonomy for parties and arbitral tribunals. The main changes in the 2016 Rules include: (i) expedited procedures automatically applied (in principle) to disputes of up to A$5 million, (ii) guidelines for party representatives as well as arbitrators, (iii) preliminary conferences raising the possibility of other dispute settlement techniques, (iv) extensive provisions on consolidation and joinder, and (v) awards of inhouse counsel costs or against recalcitrant respondents who delay paying deposits. The paper ends by sketching several new possibilities for further reducing costs and delays in international commercial arbitration, which may be incorporated into institutional guidelines or future Rule amendments by ACICA or other arbitral institutions, especially in the Asia-Pacific region.