12th ICC Institute AustralAsian Chapter Connect: Can you choose your own adventure or are there limitations on your substantive law choices?

The AustralAsian Chapter of the ICC Institute of World Business Law (“ICC Institute”) held its 12th “Chapter Connect” and first hybrid event in Perth, Australia, on 15 April 2025. Organised and presented by Brian Millar, the distinguished speakers the Honourable Wayne Martin AC KC,1 the Honourable Ken Martin KC, and Winnie Jo-Mei Ma, discussed (i) the applicability of Australian states’ proportionate liability laws in arbitrations and whether there are limits on the ability of parties to avoid the operation of such laws; (ii) the applicability of section 18 of the federal Australian Consumer Law in arbitrations and whether parties could limit or avoid its operation; and (iii) how arbitrators, courts and parties might deal with the issue of whether those laws apply in arbitration having regard to the substantive law chosen by the parties and the seat of the arbitration.