International commercial disputes can be high risk often involving complex legal issues, jurisdictional challenges and enforcement difficulties.

International commercial arbitration (ICA) is a private dispute resolution process in which parties from different countries choose to have their disputes decided by one or more arbitrators, without recourse to the courts of a particular country. For centuries, arbitration has been chosen by businesses looking to manage disputes in an efficient and commercial manner, while maintaining successful commercial relationships. Given its many advantages, ICA remains the preferred means of resolving cross-border disputes today.

ICA balances the need for due process with expediency and flexibility, allowing parties to tailor procedures to their requirements. It provides the power to enforce contracts with finality and protect investment across borders within a private setting.

Australia is a politically stable, neutral location for the arbitration of disputes between parties in the Asia-Pacific region and beyond. Extensive legal and judicial expertise, specialist institutions, infrastructure, education and training are some of the many advantages of arbitration in Australia, supported by a modern legislative framework facilitating best practice in ICA. In 2018 the World Bank continues to rank the quality of Australia’s judicial processes as the world’s best.

This industry capability report provides an overview of Australian capability in the ICA sector, including examples of Australian specialist expertise.