Allens

Arbitration

Our experienced Arbitration legal team regularly publishes articles and updates - the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues affecting arbitration. If you'd like to be notified when we add new arbitration publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about Allens' track record in this dynamic area.

Arbitration Publications

  • Focus: A 'first' under new commercial arbitration framework

    16 November 2010

    In the first judicial consideration of the new commercial arbitration legislation, the NSW Supreme Court has found that a party lost its right to arbitrate by defending an application for an interlocutory injunction. Partner Brian Millar, Special Counsel Nicola Nygh and Law Graduate Alison Matthews comment on the decision

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  • Focus: Changing the way arbitration is conducted in NSW

    15 October 2010

    New South Wales was the first state to enact model legislation after the Standing Committee of Attorneys-General agreed to adopt draft uniform legislation relating to domestic arbitration. The legislation recently commenced, and Partner Brian Millar, Special Counsel Nicola Nygh and Lawyer Tristan Garcia report on the implications for domestic arbitration

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  • Focus: The UNCITRAL Arbitration Rules 2010

    11 August 2010

    The United Nations Commission on International Trade Law has pre-released the updated UNCITRAL Arbitration Rules 2010. The new UNCITRAL Rules are an attempt to provide a more effective dispute resolution process in light of some pervasive issues that did not exist when the original rules were created in 1976. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the changes

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  • Focus: Arbitrability of insolvency related claims

    3 August 2010

    In a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report

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  • Focus: International arbitration laws overhauled

    1 July 2010

    The International Arbitration Amendment Act 2009 (Cth) has been passed by Federal Parliament, placing Australia at the forefront of international arbitration lawmaking. Special Counsel Nicola Nygh, Lawyer Dr Sam Luttrell and Law Graduate Alison Matthews report

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  • Client Update: Legislating 'genuine' attempts to resolve disputes before litigation

    7 June 2010

    Recently, the Federal Attorney-General announced that new legislation will be introduced into Parliament that will require disputing parties to take 'genuine steps' to attempt to resolve their differences before commencing litigation in federal courts and tribunals. Partner Andrew Maher and Law Graduate Cara Stevens report.

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  • Focus: New uniform state arbitration laws to be adopted

    13 May 2010

    The Standing Committee of Attorneys-General has agreed to adopt a new model commercial arbitration Bill based on the Model Law on International Commercial Arbitration. This will fundamentally change the way arbitrations are conducted by parties and supervised by state courts. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report

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  • Focus: The obligation of an arbitrator to give reasons

    5 May 2010

    he Supreme Courts of Victoria and Queensland have handed down decisions that seek to provide clarification on the extent of reasons required in an award issued under the State Commercial Arbitration Acts. Partner Nick Rudge and Lawyer Cameron Miles analyse these decisions

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  • Focus: 'Urgent relief' from the court under an arbitration agreement

    29 March 2010

    A Victorian Court of Appeal decision, which granted a stay of court proceedings so that a dispute could be referred to arbitration, has provided further support for the view that Australia is an 'arbitration friendly' jurisdiction. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyers Sam Luttrell and Mark Hare report.

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  • Focus: ICSID arbitrator disqualified for comments in media

    2 March 2010

    The Permanent Court of Arbitration at The Hague recently upheld a challenge that a state-respondent had brought against a leading arbitrator, holding that comments the arbitrator had made to the media gave rise to doubts regarding his impartiality or independence. Partner Matt Skinner, Research Assistant James Pearse and Lawyer Dr Sam Luttrell report

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  • Client Update: Legislative amendments to support international arbitration in Australia

    16 December 2009

    Amendments to clarify the operation of the International Arbitration Act 1974 and support the practice of international arbitration in Australia have been introduced into Federal Parliament. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell look at the amending legislation

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  • Focus: New commercial arbitration Acts for the states

    14 December 2009

    The Standing Committee of Attorneys General has released a consultation draft of the Commercial Arbitration Bill 2009. The proposed new State Commercial Arbitration Acts will be based on the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration 1985, with certain additional provisions intended to clarify the operation of the law and support the practice of arbitration in Australia. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the Bill.

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  • Focus: Abuse of process in investment treaty arbitration

    4 December 2009

    A recent decision of an arbitral Tribunal convened under the auspices of the International Centre for the Settlement of Investment Disputes contributes to the emerging notion of abuse of process in the jurisprudence of investment treaty arbitration. This line of authority has implications for treaty shoppers, insofar as it may limit investors' ability to change or acquire nationality for the purposes of Bilateral Investment Treaty claims by selling or assigning their claims to entities incorporated in other countries. Partner Stephen McComish and Lawyer Dr Sam Luttrell report

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  • Client Update: Enforcement of contractual rights in Dubai

    2 December 2009

    Last week's announcement that a Dubai state trading entity, Dubai World, would suspend debt repayments for six months has raised the possibility of a significant sovereign default. Many foreign investors with exposure in Dubai are now asking how they can enforce their contractual rights in the troubled emirate. Partner Stephen McComish and Lawyer Dr Sam Luttrell report on the options available

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  • Focus: Federal Court becomes 'one stop shop' for international arbitration

    30 October 2009

    A Bill passed by the Senate this week will give the Federal Court concurrent jurisdiction with state and territory Supreme Courts in international arbitration matters. Partner Stephen McComish and Lawyer Dr Sam Luttrell report

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  • Focus: NSW Supreme Court declines to intervene in arbitral awards

    1 October 2009

    In two recent decisions, the NSW Supreme Court has declined to intervene in determinations made by arbitrators. In Yang v S & L Consulting, the court enforced a Chinese arbitral award under the International Arbitration Act 1974, despite opposition by the award debtor that to do so would be contrary to public policy. In Goodman Holdings v Hughes, the court refused leave to appeal from a domestic arbitral award on the grounds of manifest error of law or technical misconduct of the arbitrator under the Commercial Arbitration Act 1984. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyer Tom Randall report

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  • Focus: Nationality planning and foreign investment risk management

    15 June 2009

    Special Counsel Gordon Smith, Partner Stephen McComish, Lawyer Sam Luttrell and Law Graduate Caroline Spencer report on the significance of 'nationality planning' in connection with bilateral investment treaties in order to maximise foreign investors' rights in Asia

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  • Focus: New commercial arbitration legislation for the states

    7 May 2009

    The state and territory Attorneys-General have agreed to draft new uniform state Commercial Arbitration Acts based on the UNCITRAL Model Law on International Commercial Arbitration. Special Counsel Nicola Nygh and Lawyer Sam Luttrell report

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  • Focus: ASEAN-Australia-New Zealand Free Trade Area

    2 March 2009

    On 27 February 2009, the trade ministers of all ten ASEAN members, Australia and New Zealand signed the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (to be referred to by the somewhat unwieldy acronym AANZFTA). One of our South East Asia-based partners, Marcus Clark, was at the signing as a delegate of the Australia-ASEAN Business Council and reports on the implications of this important trade initiative

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  • Focus: Attorney-General announces review of International Arbitration Act

    2 December 2008

    Partner Andrea Martignoni, Special Counsel Nicola Nygh and lawyer Anna Brown comment on the recent announcement made by the Attorney-General regarding the review of the International Arbitration Act 1974 (Cth) and the promising signs of reform in the arena of international arbitration

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  • Focus: The fiction of the implied undertaking

    25 August 2008

    The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications.

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  • Focus: Going against the trend?

    17 July 2008

    The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications

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  • Focus: Arbitration reforms in Hong Kong

    31 March 2008

    The Hong Kong Department of Justice recently released its consultation paper and draft legislation for reforming Hong Kong's arbitration law. Partner Simon McConnell and Lawyer Kieran Humphrey discuss the background and likely impact of these reforms.

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  • Focus: Inadequate reasons as a ground for setting aside an arbitral awards

    12 December 2007

    Special Counsel Nicola Nygh and Lawyer Anna Brown comment on a recent Victorian Court of Appeal decision regarding the adequacy of reasons given in an arbitral award and the implications for parties in their choice of arbitral law and the exercise of appeal rights

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  • Focus: International Arbitration - Can parties to an arbitration exclude the operation of the Trade Practices Act by choosing a foreign law?

    27 August 2007

    Partner Andrea Martignoni and Special Counsel Nicola Nygh explore whether parties to an arbitration can exclude the Trade Practices Act 1974 (Cth) by including an arbitration clause and a foreign choice of law provision in contracts

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  • Focus: New SIAC Rules to affect conduct of arbitrations

    10 August 2007

    Senior Associate Brian Millar and Lawyer Jeremy Sher explain the new Singapore International Arbitration Centre Rules, which came into effect on 1 July 2007

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  • Focus: Regional wrap-up of arbitration issues

    29 August 2006

    We review some of the important local, regional and international arbitration cases

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  • Focus: Regional wrap-up of arbitration issues

    17 November 2005

    Welcome to Allens Arthur Robinson's inaugural round-up of arbitration issues in Australia and the Asia Pacific region

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  • Focus: When will Australian courts order security for costs in international arbitrations?

    17 May 2004

    Although courts have traditionally been reluctant to interfere with arbitral proceedings, they can intervene by ordering claimants to pay security for costs where arbitral rules normally do not permit such an order. Senior Associate Lucas Shipway outlines the English experience and examines whether Australian courts will follow a similar path

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  • Focus: Seeking uniformity in the Commercial Arbitration Acts

    15 September 2003

    A recent ruling by the Supreme Court of Western Australia in Lamac Developments Pty Ltd v Devaugh Pty Ltd means that, consistent with the policy of a uniform platform for arbitration in Australia, WA is now in line with the other Australian states. Senior Associate Simon Davis and Law Graduate Bronwyn Byrnes look at the Lamac decision and what it means

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  • Focus: Appeals from expert determinations

    25 June 2003

    A recent decision of the Victorian Civil and Administrative Tribunal may have a profound effect on the use of expert determinations to resolve disputes. Special Counsel Nick Longley explains the tribunal's decision in Age Old Builders Pty Limited v Swintons Limited which held that, notwithstanding its name, the expert determination agreement under consideration was in reality an agreement to arbitrate

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