TY - JOUR
AU - Baron, Adrian
AB - The Australian International Arbitration Act, the Fiction of Severability and Claims for Restitution b y ADRIA N BARON* I . INTRODUCTIO N TH E CONCEPT of arbitration as a method of dispute resolution is not a recent phenomenon. In 350 BC Plato observed: In the first place there shall be elected judges in the courts who shall be chosen by the plaintiff' and defendant in common; they shall be arbiters rather man judges. Th e agreement of the parties, while elementary, is also fundamental: A n arbitrator on a reference by consent out of court derives his authority from the terms of the private contract made between the parties. Th e arbitrator will determine the issues put before him or her by the parties' private contract, and will make a decision after hearing the parties to that contract. Generally, the arbitrator will be required to act in a judicial manner. Toward the close of the 1950s, the United Nations recognised that arbitration was more malleable to the complexities of international trade than local, ordinary, court proceedings. On 7 Jun e 1959 the Economic and Social Committee of the United Nations concluded and ratified a convention for the legal recognition 
TI - The Australian International Arbitration Act, the Fiction of Severability and Claims for Restitution
JF - Arbitration International
DO - 10.1023/A:1008920818760
DA - 2000-06-01
UR - https://www.deepdyve.com/lp/oxford-university-press/the-australian-international-arbitration-act-the-fiction-of-NsF1uoP65a
SP - 159
EP - 188
VL - 16
IS - 2
DP - DeepDyve
ER -