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Arbitration Roundup
Insight 22 Dec 2015

We look at how Australia keeps up to date with international best practice by amendments to ACICA arbitral rules and international arbitration laws potential improvements and innovations identified in the 2015 Queen Mary University of London International Arbitration Survey the investor-state ...

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 ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

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 ...

Octaviar - the perils of procrastination
Insight 13 Mar 2015

In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...

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 ...

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 ...