21-30 of 46 results

Australia's expanding network of investment treaties and investor-state dispute settlement
Insight 18 Feb 2015

Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...

The changing landscape of international investment agreements
Insight 03 Mar 2015

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 ...

Octaviar - the perils of procrastination
Insight 13 Mar 2015

In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

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 ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

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 ...

Arbitration Roundup
Insight 22 Dec 2015

We look at how Australia keeps up to date with international best practice by amendments to ACICA arbitral rules and international arbitration laws potential improvements and innovations identified in the 2015 Queen Mary University of London International Arbitration Survey the investor-state ...

Double recovery as a challenge to the enforcement of an arbitral award
Insight 01 Mar 2016

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 ...

Supreme Court of WA sends EPC contractor back to arbitration
Insight 13 Jul 2016

In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd 2016 WASC 193 the Supreme Court of Western Australia had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement The key issue was whether a jurisdiction ...

Report: Wrap-Up of Sydney Arbitration Week 2016
Insight 06 Dec 2016

The Allens Arbitration group reports on some highlights from Sydney Arbitration Week which is an important event on the arbitration calendar Discussion among local and international participants included some of the biggest challenges facing the future of international arbitration and practical tips ...

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