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Arbitration Australia

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

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Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

K&L Gates LLP

Workplace Reform Rolls on… Again

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The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill...more

Hogan Lovells

The law on liquidated damages: a comparative approach across common law jurisdictions

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On 9 February 2022, our Hogan Lovells Singapore International Arbitration practice, together with Fountain Court Chambers, co-hosted their fourth annual seminar on contentious areas of commercial law, including the law on...more

K&L Gates LLP

What Privilege Rules Govern My International Arbitration?

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International arbitration inevitably involves different parties from different jurisdictions. The parties, their counsel, the seat, the arbitrators, the governing law of the contract, the setting of the relevant facts, and...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

White & Case LLP

The rising sovereign risk of doing business in Western Australia: summary of the Palmer and Mineralogy decisions and their wider...

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On 13 October 2021, the High Court of Australia handed down its decisions in Palmer v The State of Western Australia1 and Mineralogy Pty Ltd & Anor v State of Western Australia2, confirming that the State of Western Australia...more

K&L Gates LLP

International Arbitration in Australia: ACICA Releases 2021 Edition of Arbitration Rules

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Australia’s premier international dispute resolution institution, the Australian Centre for International Commercial Arbitration (ACICA), released its 2021 Edition of its Arbitration Rules (2021 Rules) earlier this year. The...more

K&L Gates LLP

Changes to the Franchising Code Now Apply

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On 1 June 2021, the Australian Government released amendments to the Franchising Code of Conduct and a number of these have already begun to apply. A summary of when various key changes take effect is set out below. ...more

Arnall Golden Gregory LLP

Confidential Arbitration Award in Dispute Between Phosphagenics and Mylan

In our update earlier this year, we discussed some of the advantages of arbitration in resolving intellectual property (IP)-related disputes. A recent press release published by the Melbourne-based Phosphagenics highlights...more

A&O Shearman

When there’s a will there is a way: Supreme Court of NSW endorses arbitration despite deficiencies in the parties’ agreed arbitral...

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Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 - Introduction / summary - Parties who incorporate arbitration agreements into their contracts would expect that agreement to be complied with in...more

K&L Gates LLP

Court Places Assets in the Freezer

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The Supreme Court of Western Australia has recently made a freezing order in the matter of Trans Global Projects Pty Ltd (In Liquidation) (TGP) v Duro Felguera Australia Pty Ltd (Duro) [2018] WASC 136. ...more

Jones Day

Disputing a Final Certificate: Does the Contractor Still Need to Pay?

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The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

Jones Day

Court Limits Australia's Jurisdiction to Assist International Arbitrations

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The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

Proskauer Rose LLP

Three Point Shot - September 2017

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On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Mintz - Arbitration, Mediation, ADR...

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

K&L Gates LLP

Franchising Update

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While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

K&L Gates LLP

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

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Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

Orrick, Herrington & Sutcliffe LLP

Verbatim - Global Compliance: Quarterly Newsletter: Fall 2012

In This Issue: We’ve highlighted a few notable developments in corporate governance law taking place this fall that may be of interest to you. For more information on any of the topics listed below, please contact...more

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