21-30 of 37 results
Arbitration Roundup
This Insight examines the latest developments in international arbitration ...
Sidestepping arbitration clauses - a potentially explosive business!
The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
The driver, the racing team, the Grand Prix and the court - high-speed arbitration enforcement in the Victorian Supreme Court
In just over a week of fast-paced litigation the Supreme Court of Victoria acted quickly and decisively to enforce an international arbitration award Partner Duncan Travis view CV and Associate Christopher Holland report on the litigation between Dutch driver Giedo van der Garde and Formula One ...
The changing landscape of international investment agreements
A recent United Nations Conference on Trade and Development report identifies recent trends in international investment agreements and investor-state dispute settlement - among them a rise in the integration of sustainable development objectives including via more careful regulation by states of ...
Investor-state dispute settlement and the China-Australia Free Trade Agreement
The Australian and Chinese governments have concluded negotiations on a free trade agreement that will reduce tariff barriers on the majority of Australian exports to China The Australian Department of Foreign Affairs and Trade has confirmed that the treaty will include an investor-state dispute ...
Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
Federal Court - another arbitration-friendly decision
In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...