THE EVOLUTION OF LEGAL REGULATION OF CIVIL PROCEEDINGS AND ARBITRATION IN AUSTRALIA IN 2014-2018

This article is the result of research conducted by teachers and researchers of the RUDN University. (Frolova et al, 2017) It presents a general description of the most significant reforms of civil and arbitration procedural law of Australia in 2014-2018. Emphasis is placed on the study of changes in the Civil Dispute Resolution Act, 2011 and the Evidence Act 1995. It indicates that at the end of 2018 - the beginning of 2019, the Australian Law Reform Commission plans to adopt some regulations related to the legal regulation of third-party financing of legal proceedings by the so-called. judicial sponsors. and lawyers. It is emphasized that in Australia there is a double legislative regime that regulates international and domestic commercial arbitration. The procedure for international arbitration is defined in the International Arbitration Act 1974 (Cth) (IAA). Domestic arbitration is governed by state and territory laws. The laws of the states and territories on domestic arbitration, other than the 1986 Law of the Australian Capital Territory, are relatively new - adopted in 2010-2013. Until 1984, there was no uniformity in the states and territories of Australia in the field of regulations governing the arbitration. It is concluded that the evolution of Australian civil procedural law is largely based on similar reforms of the former metropolis - the United Kingdom, as Australian scholars explicitly state. However, the federal government of the country makes its adjustments. Reforms of the Australian civil procedure occur under the direct control of the Australian Law Reform Commission, which: 1) formulates proposals for specific areas of improvement of existing legislation; 2) publishes the specified proposals for extensive public discussion; 3) summarises public discussions. In the area of arbitration law, international arbitration practice and modern international standards of arbitration are of great importance for Australia. Currently, arbitration proceedings in Australia, both in domestic and international arbitration, are governed per the provisions of the UNCITRAL Model Law on International Commercial Arbitration 1985 as amended in 2006. The exception is the Australian Capital Territory, which has an outdated law on domestic arbitration in 1986, created on the model of the English arbitration law of 1979. This research may be useful for researchers of Australian Civil Law as well as students from continental law countries.

Publisher
INT ORGANIZATION CENTER ACAD RESEARCH
Language
English
Pages
1011-1017
Status
Published
Year
2019
Keywords
Australia; arbitration; administration of justice; equity; Civil Procedure
Date of creation
19.07.2019
Date of change
19.07.2019
Short link
https://repository.rudn.ru/en/records/article/record/39281/
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