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 ...

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 ...

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 ...

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 ...

The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...

In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...

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 ...