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- 23 -Exemplary or punitive damages are not frequently awarded by Australian courts. It isgenerally only in cases of particularly egregious or contumacious breaches or acts ofnegligence that courts will award exemplary damages.While a number of plaintiff law firms offer “no win/no fee” costs arrangements, litigationon a contingency basis, in which the plaintiff’s lawyer is remunerated by reference to apercentage of the damages awarded in favour of the plaintiff, is not permitted inAustralia.In most jurisdictions, the “loser pays” principle applies in relation to recovery of legalcosts. There are some exceptions where costs are not awarded in favour of thesuccessful party. The tribunals referred to above typically do not make costs awards sothat parties are left to bear their own costs.Alternative dispute resolutionAlternative dispute resolution methods have been well utilised in Australia and manycommercial contracts will include ADR clauses.For many years mediation has been a frequently used method of ADR in business andprivate matters and many Australian courts build in a compulsory, or court supervised,mediation process before a proceeding can be set down for trial.Australia also has a well developed arbitration system and promotes itself as a regionalcentre for international arbitration. Australia is a signatory to the New York Convention.Resolution of a dispute by arbitration may be nominated in an ADR clause where adispute is likely to involve parties from different jurisdictions, due to the cross borderenforcement procedures for arbitral awards which are available in countries which aresignatories to the New York Convention.P950592_191.doc