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International Arbitration Australia

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

High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

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The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more

K&L Gates LLP

High Court of Australia Grants Special Leave to Appeal Decision Recognizing ICSID Arbitral Award Against Spain

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On Friday 18 March 2022, the High Court of Australia (High Court) granted special leave to appeal the decision of the full Federal Court of Australia (Full Federal Court) in Kingdom of Spain v Infrastructure Services...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

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

Jones Day

Australia: A Safe Haven for Enforcement of ICSID Awards - A recent decision in Australia opens the door for recipients of...

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In 2019, companies incorporated in England, Luxembourg and the Netherlands were awarded €229 million against the Kingdom of Spain in an investor-state arbitration. On 24 February 2020, the Federal Court of Australia enforced...more

Sheppard Mullin Richter & Hampton LLP

The Impact of COVID-19 on International Arbitration Hearings

International arbitration often equals international travel for both counsel, witnesses, and arbitrators. But with the new reality of travel restrictions, “shelter in place” orders, remote work, and restrictions on...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

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

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

Dorsey & Whitney LLP

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

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The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

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