Arbitration
Resolving complex disputes efficiently, privately, and with finality. Arbitration offers a tailored alternative to litigation, and Aptum is one of the few Australian boutiques with the Bar advocacy depth to run it well.
Looking for an arbitration lawyer to resolve your dispute with greater efficiency and control?
When business relationships break down, resolving disputes quickly and discreetly becomes critical. Arbitration offers a private, flexible, and enforceable alternative to court proceedings — but navigating the process can be complex.
Whether you're already bound by an arbitration clause or exploring it as a strategic option, you may be unsure how to proceed, what rules apply, or how to choose the right arbitrator. You need clarity, confidence, and a legal team that understands the nuances of arbitration, both locally and internationally.
How can Aptum help?
Aptum acts exclusively in disputes, including domestic and international commercial arbitrations. We advise clients at all stages of the arbitration process, from initial assessment through to enforcement of awards.
We assist with:
- Pre-arbitration strategy: including interpreting arbitration clauses, assessing jurisdictional issues, and advising on procedural rules.
- Appointment of arbitrators: guiding clients through and advising on arbitrator suitability based on subject matter and procedural preferences.
- Case preparation and management: including drafting pleadings, managing disclosure, preparing witness evidence, and coordinating expert reports.
- Hearings and submissions: representing clients in oral hearings or written-only proceedings, depending on the agreed format.
- Award enforcement or challenge: advising on recognition and enforcement under the International Arbitration Act or Commercial Arbitration Act, and assessing grounds for setting aside or resisting enforcement.
"Very helpful, responsive and extremely knowledgeable on all the legal matters we raised. They worked hard to get an outcome, and I never felt like they were just wanting to rack up billable hours which is very refreshing."
What is arbitration and when should you use it?
Arbitration is a private, binding dispute resolution process where the parties refer their dispute to an independent arbitrator (or a panel of arbitrators) rather than to a court. The arbitrator hears the evidence and legal argument, and issues an award that is legally binding on the parties and enforceable in court.
Arbitration exists on two tracks in Australia:
- Domestic commercial arbitration is governed by the Commercial Arbitration Act in each state (all substantially uniform since the 2010–2012 reforms), which applies the UNCITRAL Model Law framework to Australian domestic matters.
- International commercial arbitration is governed by the International Arbitration Act 1974 (Cth), which incorporates the UNCITRAL Model Law and gives effect to Australia's obligations under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Arbitration is most useful where the parties want:
- Privacy that court proceedings don't offer (arbitrations are not public and the award is generally not published)
- Speed — the Arbitration Victoria Rules require an award within 120 days of commencement (90 days for documents-only matters), which no state court can match
- Finality — arbitration awards can only be challenged on very narrow grounds, unlike court judgments which are appealable
- Enforceability across borders — an award made under the New York Convention framework can be enforced in more than 170 countries
- Choice of decision-maker — parties can appoint an arbitrator with specific commercial or technical expertise, rather than accepting whichever judge is allocated the matter
- Cost control — where the arbitration is well-run, the total cost is often below what the same dispute would cost in the Federal Court or a state Supreme Court
Arbitration is not the right pathway for every commercial dispute. Aptum tells clients at the value conversation whether the matter is genuinely better suited to arbitration or to court proceedings, and where the arbitration clause in the contract needs to be tested for enforceability before the case is filed.
Where Aptum runs arbitration
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Domestic commercial arbitration.
Disputes seated in Australia under the Commercial Arbitration Act in each state. Aptum runs both ad hoc arbitrations (procedure agreed by the parties) and institutional arbitrations (governed by institutional rules such as ACICA or Resolution Institute).
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International commercial arbitration.
Cross-border disputes under the International Arbitration Act 1974 (Cth) and the UNCITRAL Model Law. Where an Australian party is on either side of a foreign contract with an arbitration clause, we run the dispute either from the Australian end or in coordination with foreign counsel at the seat.
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ACICA arbitration.
Arbitrations under the Australian Centre for International Commercial Arbitration Rules, which are now the leading institutional rules for Australian-seated international arbitration. Aptum has experience with the ACICA appointment process, expedited procedures, and interim measures.
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SIAC, HKIAC and other institutional arbitration.
Where the arbitration clause specifies a foreign institution (Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, ICC, LCIA), Aptum runs the Australian arm of the dispute and coordinates with local counsel at the seat.
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Ad hoc arbitration.
Where the arbitration clause requires the parties to agree procedure without an institution, Aptum drafts the procedural order, appoints or nominates the arbitrator, and runs the matter to a compressed timetable.
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Joint venture and shareholder agreement arbitration.
Where the arbitration clause sits inside a JV, shareholder agreement or partnership deed, the dispute often overlaps with our Shareholder and Partnership Disputes service. We run the arbitration and the equity or oppression claim as coordinated matters.
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Construction arbitration.
Disputes under construction contracts that specify arbitration (including standard-form contracts such as AS 4000 and AS 4902 variants), with coordinated advice on Security of Payment Act adjudications where they run alongside.
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Mining, energy and resources arbitration.
Joint venture agreement disputes, offtake and supply agreement disputes, and infrastructure project disputes. The preserved case study below is an example of the depth we bring here.
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Expert determination.
A close cousin of arbitration where the parties agree to be bound by an expert's determination of a specific technical question (usually valuation, quantity or engineering). We run expert determinations and defend or enforce the resulting determination in court.
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Award enforcement and set-aside proceedings.
Applications to enforce Australian and foreign arbitral awards under the International Arbitration Act and applications to set aside or resist enforcement on the narrow statutory grounds. These are run in the Federal Court of Australia or the state Supreme Courts.
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Pre-arbitration disputes.
Disputes about whether an arbitration clause is enforceable, whether the dispute falls within its scope, and whether the parties are entitled to a stay of court proceedings under section 8 of the International Arbitration Act or the equivalent state provisions.
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Interim relief in support of arbitration.
Freezing orders, security for costs and preservation orders sought from the Australian courts in support of an arbitration seated in Australia or overseas.
The Aptum arbitration edge
Most Australian arbitration is run by big commercial firms with dedicated arbitration groups charging city-firm rates. Aptum is the boutique alternative that can go toe-to-toe with them without the leverage-driven billing that inflates the cost of the matter.
The mining case study below is a working example — Aptum won an arbitration against a well-resourced national firm at a fraction of what the client would have paid on the other side.
A mining company preserves their contractual rights in a high-stakes arbitration
Problem. Our client was a mining company that had invested in a mining venture through joint venture agreements with a publicly listed mining company. The dispute concerned the termination of the joint venture agreements.
Aptum's role. The joint venture agreements contained an arbitration clause, so the dispute was referred to arbitration.
Arbitration played to Aptum's strength by constraining the dispute to the central issues in a streamlined and fast dispute resolution process. Aptum crafted a legal strategy that focussed on the essential issues with meticulous preparation and execution.
Critically, Aptum was able to deliver a cost-effective strategy against a large, well-resourced national law firm.
Outcome. Our client was successful in the Arbitration.
What stage is your arbitration matter at?
Where the matter sits determines which Aptum service is the right fit.
I have an arbitration clause in my contract and a dispute has arisen.
This is the right page. Aptum runs the matter from pre-arbitration strategy through hearing to award.
The counterparty has commenced court proceedings despite an arbitration clause.
This is also the right page. We apply for a stay of the court proceedings under section 8 of the International Arbitration Act or the equivalent state provision, and refer the matter into arbitration.
The dispute is between shareholders or JV partners inside an entity.
You may also need our Shareholder and Partnership Disputes service. Where the underlying dispute is about the ownership entity as well as the transaction, both frames often run in coordination.
The dispute is about a property, lease or development.
Cross-refer to our Property Litigation service where the arbitration is over a property transaction, JV or lease that also has property-law dimensions.
I need to enforce or challenge an arbitral award.
This is the right page. Enforcement and set-aside proceedings sit inside Aptum's arbitration practice and are run in the Federal Court or a state Supreme Court.
I'm not sure whether arbitration is the right pathway.
Book the value conversation below. If the arbitration clause is unenforceable, the amount doesn't justify the process, or court proceedings would produce a better commercial outcome, we tell you that in the call.
What Aptum brings to arbitration matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's arbitration practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar, where much of his practice was in arbitration advocacy. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer. Nigel has produced Aptum's video on the five benefits of commercial arbitration and speaks regularly on the practical mechanics of running commercial arbitrations well.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David's Federal Court background is directly relevant to arbitration matters because most Australian enforcement and set-aside proceedings are decided in the Federal Court, and David architected Aptum's project management framework that runs every matter to a documented timetable.
Bar experience translates directly to arbitration advocacy
Arbitration hearings are compressed. The evidence goes in on documents, the cross-examination is targeted, and the closing submission has to land the case in a way the arbitrator can write up. That's much closer to Bar advocacy than to typical civil litigation. Nigel's 11 years at the commercial Bar is directly transferable.
The boutique cost model matters more in arbitration
Arbitration was designed to be faster and cheaper than court proceedings, but when a large national firm runs it, the compressed timetable often produces a compressed bill rather than a compressed fee. Aptum's boutique cost structure means the arbitration finishes at the price it was supposed to.
Enforcement is not automatic
An arbitral award is not self-executing. Where the counterparty won't pay, the winning party has to bring enforcement proceedings in court, and the counterparty may seek to set the award aside. David's Federal Court practice depth means Aptum runs enforcement and set-aside applications end-to-end.
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
Recent matter outcomes
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A mining company preserves their contractual rights in a high-stakes arbitration
See the case study above — Aptum's client successful in a joint venture termination arbitration against a large national law firm.
5 benefits of commercial arbitration
Nigel Evans (Managing Director) discusses why more companies should consider arbitration for resolving disputes.
What happens when you engage Aptum
Aptum runs every matter under our project management framework, with clear expectations on timing, cost and scope from the first call. Before you pay us anything, you get a free value conversation so you know exactly where you stand. No surprises.
Value conversation (free)
You come in for a conversation, in person at our office or over Teams, with the practice lead who would run your matter and your client experience coordinator. You tell us about the contract, the arbitration clause, the dispute, and what you're trying to achieve. We tell you whether the matter is suited to arbitration, whether the clause is likely to be enforceable, what the realistic outcomes are, and what to expect on cost, timing and scope if you engage us. Real expertise from a senior practitioner before you commit to anything, not a fake triage.
Pathways assessment
Once you engage, you receive a documented strategy and a cost forecast aligned to the stages of your matter. For arbitration matters that typically means confirming the seat and applicable rules, agreeing the arbitrator or appointment mechanism, drafting the terms of reference or procedural order, and mapping the interlocutory steps (statements of claim and defence, disclosure, witness statements, expert reports) against the statutory or institutional timetable.
Execution
This is the phase for the arbitration itself. Aptum runs the substantive case: pleadings, disclosure, expert evidence, witness preparation, hearing advocacy, and post-hearing submissions. Where the counterparty declines to pay the award, execution extends into enforcement proceedings in court. Where the counterparty seeks to set the award aside, execution extends into resisting the set-aside application. Routine documented strategy. Regular communications. A relentless focus on the essential issues.
How we manage cost
Arbitration was designed to be faster and cheaper than court proceedings, and Aptum's boutique cost structure keeps that promise. What we commit to is one of our five client service promises: clear expectations as to the timing, costs and scope of our engagement, and updating those expectations as early as possible if anything changes.
Value conversation.
A free conversation with the practice lead to work out whether the matter is suited to arbitration, whether the clause is likely enforceable, and what your options are.
Estimate and scope.
Once engaged, you receive a documented strategy and a cost forecast aligned to the stages of your matter. Stage-based budgets, regular reporting, and any scope changes documented and agreed in writing. For arbitration matters we usually structure the estimate around each phase: pre-arbitration and interlocutory, hearing preparation, hearing, post-hearing submissions, and enforcement if needed.
Institutional fees.
Where the arbitration is administered by ACICA, SIAC, ICC or another institution, the institution charges its own administrative fee and the arbitrator's fee is charged separately. We flag these at the value conversation so there are no cost surprises when the appointment is made.
Litigation funding options.
Where the arbitration is genuinely large and the claimant needs help with cost, Aptum's relationships with the Australian litigation funders extend to funded arbitration matters, though not all funders will fund arbitration and the terms are usually tighter than for court proceedings.
Investment mindset.
Aptum approaches every matter with an investment mindset: the most practical outcome in the shortest possible time, at the least possible cost, with the biggest possible return.
Frequently asked questions
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What is arbitration?
Arbitration is a private dispute resolution process where the parties appoint an independent arbitrator (or panel of arbitrators) to decide the matter. The outcome — an arbitral award — is final and enforceable in court. Domestic arbitration in Australia is governed by the Commercial Arbitration Act in each state, and international arbitration is governed by the International Arbitration Act 1974 (Cth), which incorporates the UNCITRAL Model Law and the New York Convention.
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What's the difference between arbitration and mediation?
Arbitration produces a binding award decided by an arbitrator. Mediation produces a settlement only if both parties agree — the mediator has no power to impose an outcome. Arbitration is usually the pathway when the parties can't agree and someone has to decide.
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Is arbitration binding in Australia?
Yes. Arbitral awards under both the state Commercial Arbitration Acts and the International Arbitration Act are binding on the parties and enforceable in court in the same way as a court judgment. Awards can only be set aside or resisted on very narrow statutory grounds.
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Is arbitration faster than going to court?
In many cases, yes. Arbitration can be significantly quicker, especially when the parties agree to streamlined procedures or "documents-only" hearings. The Arbitration Victoria Rules require that arbitration disputes take, so far as practicable, no more than 120 days from commencement to award, or 90 days for documents-only arbitrations.
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Can I challenge an arbitral award?
Awards are generally final, but limited grounds for challenge do exist. Under section 34 of the Model Law (as incorporated into Australian law) an award can be set aside on grounds including that the arbitration agreement was invalid, that a party was not given proper notice, that the award goes beyond the scope of the arbitration, that the tribunal was improperly constituted, or that the award is in conflict with Australian public policy. Aptum advises on whether a challenge is viable and runs set-aside applications in the Federal Court or a state Supreme Court.
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What types of disputes are suitable for arbitration?
Commercial disputes involving contracts, partnerships, property, and cross-border transactions are commonly resolved through arbitration. Mining, energy, construction and infrastructure disputes are particularly well suited to arbitration because the technical questions benefit from an arbitrator with sector expertise.
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How much does arbitration cost?
It depends on the complexity, the length of the hearing, the number and cost of experts, and the institutional or arbitrator fees. A discrete arbitration on a defined contract question can resolve for well under $100,000. A complex multi-week hearing with several experts and full disclosure can run into the millions. Aptum's boutique cost structure typically comes in below what a large national firm would charge for the same matter. We give you a stage-based cost forecast at the pathways assessment.
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How long does arbitration take?
Arbitration Victoria Rules target 120 days from commencement to award (90 days for documents-only matters). International arbitration under ACICA, SIAC or ICC rules typically runs for 12 to 18 months from commencement to award for a substantive matter. Documents-only arbitrations can be faster.
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What is the New York Convention?
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is the international treaty that requires signatory countries (more than 170 of them) to recognise and enforce arbitral awards made in other signatory countries. It's the reason arbitration is the standard dispute resolution mechanism for cross-border commercial contracts.
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What is ACICA?
The Australian Centre for International Commercial Arbitration. The leading Australian institution for administered international commercial arbitration. Aptum runs matters under the ACICA Rules and has experience with the ACICA appointment process, expedited procedures, and emergency arbitrator provisions.
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Do I need a lawyer to run an arbitration?
Technically no, but as a practical matter yes — the interlocutory rules, evidentiary requirements, and post-hearing enforcement mechanics all benefit from lawyer-led handling. Legal privilege over your strategy and options only attaches to your communications with a lawyer. Aptum tells you at the value conversation honestly whether the matter can be self-run or needs lawyer-led work.
Offices
Aptum services arbitration clients across Australia from three offices, with matters seated in Melbourne, Sydney and internationally.
Thinking on arbitration
Aptum publishes on arbitration, commercial dispute strategy, and the mechanics of running matters against larger opponents.
Get clarity on your arbitration matter
The arbitration clause exists to give you speed, privacy and finality. What you need next is a legal team that can deliver on that promise without inflating the process into another court case.
In a free value conversation, Aptum's arbitration team will tell you whether the clause is enforceable, whether arbitration is genuinely the right pathway, and what the run to award and (if needed) enforcement looks like. No surprises.
Call (03) 7020 9230
Book your value conversation