Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...

In recent decades, there has been a global upsurge in the number of corporate collapses and litigation claims by third parties, which have partly been explained by the economic recession occurring in the late 1980's. However, auditing professions in both Australia and around the world have...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law—contracts, torts, and property—and research on the effects of the litigation process. We begin with a review of studies of...

This article uses the context of tort reform legislation to trace the impact of legislation on the principles and operation of tort law, and to analyse the continuing role of the common law in an age of statutes. Broad legislative reforms raise a number of questions of statutory interpretation...

The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...

Based on an assumption that in its current shape the EU public procurement framework is a highly regulated and rigid system, in which delivery of successful PPP contracts may be hindered, in this paper it will be considered, whether there could be a different, more beneficial way in which to...

This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered

An ongoing saga concerning the conflict between geographical indications and trade marks in Australia has existed since 1993 in relation to wines. While the implementation of the Australia-US Free Trade Agreement in 2004 has clarified the approach, some grey areas in Australian law currently...

The consumer movement in the 1960s was the first step towards creating community demand for laws providing for the protection of consumers. Australia responded with consumer protection laws in the 1970s, and with unfair contract laws in the 1980s at the state level, since replaced by...

This article focuses on the critical importance to consumer protection of the “dynamic duo” of state and private enforcement mechanisms provided in state unfair and deceptive acts or practices (UDAP) statutes. The article begins by chronicling the origins of these state laws, rooted in a...