21-30 of 37 results

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 ...

The driver, the racing team, the Grand Prix and the court - high-speed arbitration enforcement in the Victorian Supreme Court
Insight 16 Mar 2015

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
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 ...

Investor-state dispute settlement and the China-Australia Free Trade Agreement
Insight 21 Nov 2014

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 ...

International arbitration update
Insight 09 Sep 2014

In this issue we look at an unsuccessful challenge to the enforcement of foreign arbitral awards in the Federal Court of Australia recent changes to the arbitration rules of the Institute of Arbitrators and Mediators Australia the International Centre for Dispute Resolution and the London Court of ...

Subpoenas under the IAA: Foreign-seated arbitrations need not apply
Insight 18 Oct 2017

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 ...

Arbitration Roundup
Insight 22 Dec 2015

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

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 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 ...

Another win for arbitration
Insight 07 Aug 2014

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

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