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The Full Court of the Federal Court of Australia Affirms the Paramountcy of the Parties' Agreement in International Arbitration

The Situation: On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy City Qatar) refused to uphold the enforcement of an arbitral...more

"Last Refuge of the Desperate"—Western Australia Supreme Court Rebuts Procedural Fairness Challenge to Arbitrator's Award

The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more

ICC Adopts 2021 Rules of Arbitration

The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

Update On the Signing of the Singapore Mediation Convention

The Situation: On August 7, 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation ("Mediation Convention") was signed by 46 states. Notably, the European Union and the United...more

Update on the Singapore Mediation Convention

The Situation: On June 26, 2018, the United Nations ("UN") Commission on International Trade Law approved the final draft of the Singapore Mediation Convention ("Convention"), the significance of which was discussed in a...more

Court Limits Australia's Jurisdiction to Assist International Arbitrations

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

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