On May 4, 2011, Doug Jones’ book Commercial Arbitration in Australia was launched by Federal Attorney-General, the Hon. Robert McClelland MP, in front of an audience of over 100 attendees which included Chief Justice Spigelman and several Federal Court and Supreme Court judges.
Commercial Arbitration in Australia will undoubtedly be useful for day-to-day legal practice as it comprehensively and systematically explains what the Standing Committee of Attorneys-General 2010 decision to enact new uniform commercial arbitration legislation in each jurisdiction actually means for practitioners. It is a must-read for practitioners with an interest in alternative dispute resolution. Reviews of Commercial Arbitration in Australia can be found here.
Commercial Arbitration in Australia (2nd ED, Thomson Reuters, 2013)
Commercial Arbitration in Australia (2nd ed, Thomson Reuters, 2013).
“Commercial Arbitration in Australia will undoubtedly become the go-to source for guidance on Australian arbitration law… It will also serve as a touchstone for reformers considering the UNCITRAL Model Law as a template for domestic arbitration law and, for the rest of use, an increasingly important frame of reference for comparisons of many points of law and practice.”
— Thomas J Stipanowich, review published in The International Construction Law Review 2011 (Part 4), p. 494.
“For the student, the lawyer, the barrister, the arbitrator and the judge it is an essential text for anyone working in the commercial jurisdictions.”
— Remarks of the Honourable Marilyn Warren AC Chief Justice of Victoria on the occasion of the launch of Commercial Arbitration in Australia by Adjunct Professor Doug Jones AM RFD at Clayton Utz, Melbourne. (Read more).
“The book is a tour de force. We predict that it will remain the leading textbook in Australia for a long time. It will be of significant assistance to both counsel and arbitrators in all Australian jurisdictions.”
— Gabriël Moens and Philip Evans, review published in The ACICA News (September 2011), p. 24. An abridged version of this review was also published in Construction Law International (October 2011) p. 41.
“I certainly do not know my way around the new Uniform Laws, which I have not yet had course to apply. When I do, I will turn to Jones for confirmation as to whether habits and practice from a superceded legislative scheme are required to be modified or improved. In summary, no shortcomings as the Every[persons’] Guide to Arbitration in Australia.”
— Gavan Griffith, review published in the ADR Reporter (July 2011), p. 14.
“Professor Doug Jones’ Commercial Arbitration in Australia will prove to be a major source to which the arbitral profession, the legal profession and law students will turn as the prime source of Australian domestic commercial arbitration law and commentary when dealing with arbitral problems and practice.”
— James N. Creer, review published in the Law Society Journal (October 2011), p. 92.
“Commercial Arbitration in Australia is an essential and timely guide which will greatly assist legal practitioners to understand the impact of the Standing Committee of Attorneys-General’s decision in 2010 to develop uniform arbitration legislation in each jurisdiction.”
— Remarks of the Hon. Robert McClelland MP Federal Attorney-General, on the occasion of the launch of Commercial Arbitration in Australia at Clayton Utz, Sydney. (Read more).
Building and Construction Claims and Disputes (Contruction Publications, 1996)
In October 2017, Doug presented a keynote on ‘Australia as a Global Hub’ at the Sydney offices of Herbert Smith Freehills as part of the 2017 LCIA Sydney Symposium. In his Keynote Doug addressed the impact of the ‘tyranny of distance’ on Australia and asserted that Australia has overcome such struggles with distance as a seat of arbitration with many practical and legal benefits. Doug’s Keynote was reported on in the Global Arbitration Review. Read the LCIA Keynote here: DJones – LCIA Keynote Address.
Doug was invited to deliver the keynote address at the Gala Charity Dinner of the International Society of Construction Law Conference in São Paulo, Brazil on 14 September 2016. His address spoke to the notable and rapid adoption of alternative dispute resolution in Brazilian law, and the recent developments in recognising Dispute Boards in construction contracts. A copy of his address can be found here: DJones – SCL Gala Dinner Keynote.
Doug delivered a lecture at the New Zealand Society of Construction Law presenting on “The Penalties Doctrine in International Construction Contracting: Where to From Here?” on 24 August 2016. Doug considered the recent English landmark decision of Cavendish, the Australian High Court decision in Paciocco, the New Zealand position on penalties, as well as the Civil Law approach to penalties. The full text of the speech can be found here: DJones – The Penalties Doctrine. Doug delivered an earlier version of the speech at the University of Melbourne Law School on 13 July 2016, prior to the highly anticipated High Court decision in Paciocco. To watch Doug’s delivery of that version of the speech, please view the ‘Media’ tab.
Doug delivered the 2016 annual CIArb Roebuck Lecture on the topic “Using Costs Orders to Control the Expense of International Commercial Arbitration”. The full speech can be found here: Doug Jones – CIArb Roebuck Lecture 2016.
Doug delivered the keynote speech at the Kuala Lumpur International Arbitration Week on 7 May 2015. Doug’s speech, as Chair of the Chartered Institute of Arbitrators’ Centenary Celebrations, marked the century of the CIArb and gave a recount of the key events in the Institute’s history, before identifying the challenges in international arbitration in the years ahead. The full speech can be found here: DJones Looking Back – Moving Forward, and to watch Doug’s delivery of the speech, please view the ‘Media’ tab.
Articles & Papers
- “Construction Arbitrations Involving Energy Facilities”, published in The Guide to Energy Arbitrations (Second Edition, 2017).
- “Australia”, published in the Asia-Pacific Arbitration Review 2018, (Global Arbitration Review 2017).
- “Looking Forward in International Arbitration”, published in the International Construction Law Review (April 2016).
- “Using Costs Orders to Control the Expense of International Commercial Arbitration”, published in The International Journal of Arbitration, Mediation and Dispute Management (2016).
- “The Role of the Courts in International Arbitration – India and Australia – Supervising or Supervening”, published in Arbitration Resource Book for the National Initiative on Strengthening Arbitration and Enforcement in India Conference (LexisNexis, 2016).
- “Who Might have Investment Treaty Claims in Infrastructure Projects?”, published in Construction Law International Volume 11, Number 3 (2016).
- “The Importance of Arbitration to the Resources Sector”, published in Arbitration and Dispute Resolution in the Resources Sector (Springer International Publishing, 2015)
- “Examining Expert Witnesses in International Oil & Gas Arbitrations”, published in The Leading Practitioners Guide to Oil & Gas Arbitration (Jurisnet, 2015).
- “Relationship Contracting”, published in The Projects and Construction Review (Fifth Edition, Law Business Research Ltd, 2015).
- “What Now for Article 16(3)”, published in the European International Arbitration Review (EIAR) Volume 2 Issue 2 (Juris Publishing, 2014).
- “The Need or Otherwise for Confidentiality in International Arbitration – an Australian Perspective”, published in the Australian Alternative Dispute Resolution Bulletin (ADRB) Volume 1, Number 6-10 (Lexisnexis 2014).
- “Choosing the Law or Rules of Law to Govern the Substantive Rights of the Parties”, published in the Singapore Academy of Law Journal (Special Issue, Singapore Academy of Law, 2014).
- “Sydney”, published in Choice of Venue in International Arbitration (Oxford University Press, 2014).
- “Investor-State Arbitration in Times of Crisis”, published in National Law School of India Review (2013).
- “Australia light years ahead at anniversary of international arbitration legislative amendments”, published in Expert’s Guide to Experts in Commercial Arbitration (2013).
- “Third Party Involvement in Construction Projects: The Influence of Financiers”, published in Construction Law International Volume 8, Number 2 (2013).”Dispute Boards: The Australian Experience”, published in Construction Law International Volume 7, Number 2 (2012).
- “Dispute Boards: The Australian Experience”, published in Construction Law International Volume 7, Number 2 (2012).
- “Party Appointed Experts: Can they be usefully independent?”, published in Transnational Dispute Management Volume 8, Number 1 (2011).
- “International Dispute Resolution in the Global Financial Crisis”, published in Romanian Arbitration Journal Volume 1, Number 17 (2011).
- “The Best Evidence Money Can Buy”, published in International Construction Review (2010).