12th ICC Institute AustralAsian Chapter Connect
This will be the first ICC Institute Australasian Chapter Connect to be held in Australia. It will take place on 15 April 2025 from 5pm at the Perth offices of Herbert Smith Freehills - Level 11, 1 The Esplanade, Perth WA 6000. Pre session drinks and networking begins from 4:30 pm.
Attendees who are unable to join the in-person event in Perth are welcome to participate remotely. The session will be approximately an hour, not including the time for informal discussions and networking.
12th ICC Institute AustralAsian Chapter Connect
“Can you choose your own adventure or are there limitations on your substantive law choices? Will substantive local laws apply to your arbitration proceedings?”
Tuesday 15 April 2025 | 4:30-6:30pm AWST | Perth, Australia/Online, Teams MS
Local legislative regimes often loom large as potentially impacting arbitral proceedings. Can parties restrict the scope of their chosen substantive law? Can parties contract out of laws that might apply at the place of performance?
Assume your project is being performed in Australia and arbitration is the parties’ chosen dispute resolution mechanism.
Potentially significant legislation in Australia includes proportionate liability regimes (replacing the usual solidary liability applicable under common law) and the Australian Consumer Law, which prohibits misleading and deceptive conduct in trade or commerce. Will these laws apply to your arbitration proceedings or can you agree on the applicable substantive law so as to avoid them? Does your choice of the seat make a difference?
Members of the Australasian Chapter, Brian Millar and Winnie Jo-Mei Ma, will discuss these topics. They will be joined by the Honourable Wayne Martin AC KC and the Honourable Ken Martin KC.
