1-10 of 33 results

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

When enforcement cannot undermine the confidentiality of arbitration
Insight 04 Feb 2022

The decision highlights the court’s pro-arbitration stance and the value it places on respecting confidentiality arrangements agreed between parties in private arbitration. ...

Investor state arbitration and the environment: preparing for change in 2021 and beyond
Insight 15 Mar 2021

The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...

Internal emails, multiple recipients and the question of privilege
Insight 09 Dec 2020

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
Insight 26 May 2020

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
Insight 26 Feb 2020

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. ...

The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
Insight 10 Feb 2020

The recently launched Hague Rules on Business and Human Rights Arbitration are an innovative framework for the resolution of business and human rights disputes through international arbitration. We look at how they operate and why companies might elect to arbitrate under the new regime. ...

PNG draft Arbitration Bill 2019 – what is proposed?
Insight 05 Nov 2019

Following Papua New Guinea's accession to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (read our Insight on PNG's accession to the New York Convention ...

PNG accedes to the New York Convention – what will change?
Insight 07 Aug 2019

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. ...

Australian investor wins big at ICSID
Insight 24 Jul 2019

At ICSID, Australian's investor wins big. ...

Refine

From
To