King & Wood Mallesons

Asia-Pacific 100 position: 3

Commercial arbitration in Western Australia: new act in force

The Commercial Arbitration Act 2012 (WA) came into force in Western Australia on 7 August 2013. The new act replaces the Commercial Arbitration Act 1984 (WA) and adopts the provisions of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration, aligning the domestic commercial arbitration regime with that in the International Arbitration Act 2010 (Cth).

The act applies to all domestic commercial arbitrations in Western Australia.

The paramount objective of the act is to ‘facilitate the fair and final resolution of commercial disputes by impartial arbitral tribunals without unnecessary delay or expense’ by enabling parties to agree on how to resolve their dispute and establishing arbitration procedures that enable commercial disputes to be resolved informally, quickly and in a cost-effective manner…

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