• Australia’s Highest Court Applies the Hand Brake to Arbitration: Inadequate Reasons Render Award Invalid
  • November 1, 2011 | Authors: Michael W. Bühler; Thomas F. Cullen; Steven W. Fleming; Peter J. Wang
  • Law Firms: Jones Day - Paris Office ; Jones Day - Washington Office ; Jones Day - Sydney, New South Wales Office ; Jones Day - Shanghai Office
  • The underlying difference between arbitration and court litigation should be borne in mind at all times.... Though courts and arbitration panels both resolve disputes, they represent fundamentally different mechanisms of doing so. The Court is an arm of the state; its judgment is an act of state authority, subject generally in a common law context to the right of appeal available to parties. The arbitration award is the result of a private consensual mechanism intended to be shorn of the costs, complexities and technicalities often cited as the indicia and disadvantages of curial decision making.