Arbitration Notes

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …

NEW SOUTH WALES SUPREME COURT ALLOWS CALL ON BANK GUARANTEE DESPITE ONGOING ARBITRAL PROCEEDINGS

In a recent decision, the Supreme Court of New South Wales held that ongoing arbitral proceedings did not prevent a party from calling upon a guarantee …

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

Australian court sets a high bar for challenges to arbitrators

The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …

ENSURE SMOOTH SAILING: SEEKING A SUBPOENA IN SUPPORT OF ARBITRATION

A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …

Future of Consumer APAC: Managing and exiting distribution agreements

Full Court of the Federal Court of Australia gives guidance on award enforcement

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the …

State of play of investment treaty arbitration in Australia

AUSTRALIAN COURT PROVIDES GUIDANCE ON DRAFTING OF ARBITRATION AGREEMENTS AND REASONING OF AWARDS

Federal Court of Australia continues to reinforce Australia’s pro-enforcement approach to foreign arbitral awards

A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of …

Australian Court clarifies approach to scope and arbitrability of ambiguous arbitration agreements

New ACICA 2021 Arbitration Rules