41-50 of 50 results

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 ...

Asia Pacific international arbitration update
Insight 09 Apr 2014

We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...

Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
Insight 06 Mar 2014

In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses Partner Peter ODonahoo Senior Associate Hilary Birks and Lawyer Anna ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...