INTERNATIONAL COMMERCIAL ARBITRATION. In the Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth), the Commonwealth Parliament legislated that ss 23C-23G of the International Arbitration Act 1974 (Cth) ….
Choose 1 topic to write a research essay.(7 topics available)
1. In the Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth), the Commonwealth Parliament legislated that ss 23C-23G of the International Arbitration Act 1974 (Cth) would apply to an international arbitration seated in Australia unless the parties to an arbitration agreed to “opt out” of their application. Do you agree with this legislative step? Critically discuss.
Consider the following extract from TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics
Pty Ltd  FCAFC 83, :
“[I]t is not only appropriate, but essential, to pay due regard to the reasoned decisions of other countries where their laws are either based on, or take their content from, international conventions or instruments such as the New York Convention and the Model Law. It is of the first importance to attempt to create or maintain, as far as the language employed by Parliament in the IAA permits, a degree of international harmony and concordance of approach to international commercial arbitration.
This is especially so by reference to the reasoned judgments of common law countries in the region, such as Singapore, Hong Kong and New Zealand. Such is a reflection of the growing recognition of the harmony of what can be seen as the ‘law of international
commerce’: Premium Nafta Products Ltd v Fili Shipping Co Ltd 
UKHL 40 at  per Lord Hope of Craighead.”
Critically discuss. Are there limits to the extent to which Australian courts should take account of the decisions of other national courts on international commercial arbitration?
3. UNCITRAL Working Group III is currently considering the creation of a permanent tribunal for the settlement of investment disputes, potentially including an appellate mechanism. Do you agree that this would be a positive development in the settlement of investor-State disputes? Explain
International commercial arbitration is an alternative method of resolving disputes between private parties arising out of commercial transactions conducted across national boundaries that allows the parties to avoid litigation in national courts.
This guide identifies the best tools for locating primary law materials related to international commercial arbitration, including treaties, national legislation, procedural rules, and arbitral awards. It also covers secondary sources, which are essential for conducting thorough research.
For more detailed information about the resources described above, see the Subscription Databases page of this research guide.
* Click on ICC Dispute Resolution Library to open the catalog record. Then scroll down to “View Online” and click on the link. When prompted, enter your GULC Net ID and password. After the page refreshes, you will see the shared user name and password for accessing the database. Please log out when finished.
If you need assistance with international commercial arbitration research, visit the Research Help page of the Georgetown University Law Library’s website. Or contact the Law Library’s International and Foreign Law Department by phone (202-662-4195) or by email (email@example.com). Georgetown Law Center students may schedule a one-on-one research consultation with a librarian.
For advice on researching the resolution of disputes between foreign investors and sovereign states, consult the Law Library’s guide to International Investment Law.