1-10 of 72 results
Tesseract v Pascale - a welcome default position on proportionate liability in arbitration
Whether proportionate liability regimes found in State and Commonwealth legislation can apply in arbitration has long been a vexed issue. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...
PNG proposes a new regime for arbitration
Papua New Guinea has proposed a new regime for domestic and international arbitrations: the Arbitration Bill 2019. If enacted, it has the potential to provide greater certainty for arbitrations in PNG, and the recognition and enforcement of arbitral awards within PNG. ...
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
Arbitration Insights December 2022
In this edition of Allens Arbitration Insights, we look at recent major developments in global arbitration, recent Australian court decisions, and more. ...
Arbitration Insights December 2022
In this edition of Allens Arbitration Insights, we look at recent major developments in global arbitration, recent Australian court decisions, and more. ...
Tesseract v Pascale - a welcome default position on proportionate liability in arbitration
Whether proportionate liability regimes found in State and Commonwealth legislation can apply in arbitration has long been a vexed issue. ...
Arbitration Insights July 2022
In this inaugural Arbitration Insights, we look at the amended ICSID rules, recent decisions of the NSW Supreme Court and the Federal Court, and more. ...