11-20 of 21 results
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. ...
The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
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. ...
Australian investor wins big at ICSID
At ICSID, Australian's investor wins big. ...
Singapore Convention on Mediation: a step towards easier enforcement of international settlements
On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature. It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...
International Arbitration - Australian courts' power to grant interim freezing orders
The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. ...
Double recovery as a challenge to the enforcement of an arbitral award
The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...
Third parties are no bar to arbitration: A win for arbitration?
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
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 ...
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel 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 mechanism. ...