9
The CIArb Australia News 2019
L-R: The Hon Chief Justice Catherine Holmes, Chief Justice of the Supreme Court of Queensland, Brenda Horrigan, President of ACICA, The Hon Justice Patrick Keane, Justice of the High Court of Australia & Caroline Kenny QC, President of CIArb Australia
Taking The Contract Seriously – Changing Perspectives On The Prospects For International Arbitration: 2010 To 2019* The Hon. Justice Patrick Keane High Court of Australia In October 2010, I addressed the Australian Financial Review's International Dispute Resolution Conference in Sydney1. I discussed the extent of the scrutiny exercised by Australian courts over the conduct of arbitrations and the enforcement of awards, the overarching concern being that the intensity of judicial review of arbitration awards
* Keynote Address to ACICA Conference, Brisbane, 18 November 2019.
"necessarily determines the utility of the arbitration process"2 in this country and judicial review with an eye finely attuned to the detection of error is not helpful. I suggested that, while judicial supervision of arbitration in Australia in relation to adequacy of reasons and matters of process had historically tended to impose the strict standards of decision
1.
See Keane, "Judicial Support for Arbitration
making required of judges, our courts were now taking a more liberal and pragmatic approach recognising that the decisionmaking power of an arbitrator derives from the voluntary agreement of the parties to the dispute rather than the sovereign power of the state. Because the decision-making authority of the arbitrator is rooted
2.
Antoine, "Judicial Review of Arbitral
in Australia" (2010) 34 Australian Bar
Awards" (1999) Dispute Resolution Journal
Review 1.
23 at 24.
