21-30 of 37 results
Double recovery as a challenge to the enforcement of an arbitral award
The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...
Subpoenas under the IAA: Foreign-seated arbitrations need not apply
A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations limiting access to evidence located in Australia for parties of foreign-seated arbitrations Partner Nick Rudge and Overseas Lawyer Caroline Swartz-Zern report ...
PNG accedes to the New York Convention – what will change?
Papua New Guinea (PNG) recently acceded to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is likely to increase its attractiveness to foreign investors. ...
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 ...
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 ...
Singapore Convention on Mediation: a step towards easier enforcement of international settlements
On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature. It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...
Arbitration Roundup
This Insight examines the latest developments in international arbitration ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
Report: Wrap-up of Sydney Arbitration Week 2014
Over five days in November Sydney played host to a series of major international conferences as part of the second Sydney Arbitration Week ...
Supreme Court of WA sends EPC contractor back to arbitration
In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...