Monday, September 16, 2019

Arbitration, not court:Former ACCC chairman Graeme Samuel says judges with no expertise in the area ,intolerably slow court process reasons why litigants should prefer commercial arbitration : Singapore, Malaysia arbitration centres get an unexpected boost from a highly regarded Australian business leader

by Ganesh Sahathevan

Story image for graeme samuel from ABC News

Graeme Samuel speaks to The Business

ABC News-10 Sep 2019
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Professor Graeme Samuel,  lawyer and  former head of the Australian Competition And Consumer Commission (ACCC) , speaking on behalf of himself and the two other living ACCC chairmen (Alan Fels, and the current chairman Rod Sims) has told the ABC that litigants in commercial matters  are better off having their disputes resolved via commercial arbitration rather than before an Australian court of law.

He has identified "judges with no expertise in the issues concerned" ,and an "intolerably slow court process" as the main reasons why commercial matters cannot be properly dealt with by the Australian legal system.

Samuel's comments have provided an unexpected boost from a highly regarded personality for Singapore and Malaysia's efforts to attract commercial arbitration business from around this region, including Australia. Australian barristers and former judges are already actively seeking work in Singapore and Malaysia,but with not much success. Samuel's comments may well be the catalyst needed to send parties in dispute in Australia to Malaysia or Singapore to have their matters resolved.The additional expense of having matters heard offshore may well be worth the while in terms of savings of time and other costs of having matters heard by arbitrators who are better equipped to handle commercial matters.


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