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The Australian Arbitration Option

India’s Adani Group has endorsed Australia as an international dispute resolution destination following successful briefings in Mumbai and New Delhi conducted by the Australian Centre for International Commercial Arbitration (ACICA). Lex Witness was entrusted as the Media Partner to the event.

Adani’s spokesperson said ACICA offered a credible platform for dispute management. “We see international arbitration as an integral part of our risk management policy.” Given the diversity of our business – resources, logistics and energy – in various jurisdictions, it is important to minimise risk.

Already India’s single major investor in Australia, the group plans to expand on its multi-billion dollar investment in the next three years to develop a coal mine and related infrastructure and is also interested in buying a majority stake in a gas company in India as it gears up to expand operations around the globe.

“Australia provides a neutral venue to resolve disputes, given its robust legal and professional services infrastructure,” confirmed the spokesperson.

ACICA President and Clayton Utz, Head of International Arbitration and Major Projects, Professor Doug Jones AM, who led the delegation, which included Chief Justice of NSW, the Hon Tom Bathurst, ACICA Director and Minter Ellison Partner, Khory McCormick and Michelle Sindler, CEO of the Sydney-based hearings facility, the Australian International Disputes Centre (AIDC), welcomed the endorsement.

Indian parties transacting business with companies based in North Asia, China, North and South America, SE Asia and the Middle East need to agree on a neutral venue for the resolution of their disputes. “We were able to provide a compelling case to attract parties to consider Australia over our major competitors, Singapore and Hong Kong, because of our modest comparative costs and sophisticated legal framework. Australia is one of the few countries who have adopted the latest amendments to the United Nations Commission on International Trade Law, accepted as the world standard for arbitrating international commercial disputes,” said Professor Jones.

The Australian Government (Austrade), Adani and Legal 500 sponsored the event. Indian Law Firms, Economics Law Practice, attracted leading corporate executives and legal directors of companies involved in international joint investment and trade from various sectors including commodities, infrastructure and shipping.

The Australian Centre for International Commercial Arbitration (ACICA) www.acica.org.au is Australia’s only international arbitration institution.

In 2011, it launched The ACICA Arbitration Rules Incorporating Emergency Arbitrator Provisions – a first for an Australian arbitral body.

Damian Lovell, Vice President of Litigation of BHP Billiton, who is responsible for the dispute resolution strategy for the world’s largest diversified mining company, said it is standard practice for BHP Billiton to include arbitration clauses in its cross border contracts “We see international arbitration as an integral part of our global dispute resolution strategy. We commend ACICA’s initiative in producing these rules which is consistent with this strategy.”

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