41-50 of 53 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 ...

More limits on lawyer-driven litigation
Insight 01 Dec 2014

Following a decision earlier this year preventing a solicitor from acting in a class action in which the solicitor managed and controlled the representative plaintiff the Victorian Supreme Court has held that a solicitor and senior counsel should be prevented from acting in a class action in which ...

Report: Wrap-up of Sydney Arbitration Week 2014
Insight 25 Nov 2014

Over five days in November Sydney played host to a series of major international conferences as part of the second Sydney Arbitration Week ...

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 ...

Another win for arbitration
Insight 07 Aug 2014

The Full Court of the Federal Court of Australia has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award The appeal was brought on the grounds that the rules of natural justice were breached in making the arbitral award Partner Peter ...

Further support for arbitration
Insight 15 Jul 2014

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 ...

Federal Court - another arbitration-friendly decision
Insight 15 May 2014

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 ...

Productivity Commission - third party litigation funding and contingency fees
Insight 17 Apr 2014

The Productivity Commissions draft report on its inquiry into Australias system of civil dispute resolution has now been released The comprehensive review focuses on ways to constrain costs and promote access to justice One of the areas the Productivity Commission is examining is Australias private ...

The Japan-Australia Economic Partnership Agreement
Insight 15 Apr 2014

Australia and Japan have recently concluded negotiations on an economic agreement which will reduce tariff barriers on the majority of Australian exports to Japan In contrast to the recently concluded Korea-Australia Free Trade Agreement it does not include an investor-state dispute settlement ...