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Federal Court of Australia preserves the efficiency and integrity of the arbitration process
A recent decision by the Federal Court of Australia has highlighted the diligence of Courts to ensure non-interference with the arbitral process. The …
Australian Corporation Act rights no bar to stay of proceedings in favour of arbitration
In Re Ikon Group Ltd (No 2) [2015] NSWSC 981, the New South Wales Supreme Court granted a stay of proceedings in favour of international commercial …
NSW Supreme Court refuses indemnity costs on successful application for referral to arbitration
Justice Hammerschlag of the New South Wales Supreme Court (the Court) has refused to award indemnity costs to parties which successfully obtained a stay …
Corporations Act ‘matters’ and the scope of a ‘pathological’ arbitration agreement: Robotunits Pty Ltd v Mennel [2015] VSC 268
Justice Croft of the Victorian Supreme Court handed down judgment on 22 June 2015 in an application for a stay of proceedings and referral to arbitration …
Australia’s Conflicting Approach to ISDS: Where to From Here?
Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to …
Australian courts take a uniform approach to interpretation of the Model Law
In Cameron Australasia Pty Ltd v AED Oil Limited,[1] the Supreme Court of Victoria refused to set aside a domestic arbitral award on the basis that the …
Victorian courts reinforce commitment to international commercial arbitration
Giedo van der Garde BV v Sauber Motorsport AG [2015] VSC 80; Sauber Motorsport AG v Giedo van der Garde BV [2015] VSCA 37 The occasion of the Formula One …
Herbert Smith Freehills cements its position as the leading international arbitration practice in Asia Pacific
Herbert Smith Freehills is pleased to announce that the firm has once again been ranked as the only firm in Band One for International Arbitration across …
Herbert Smith Freehills hosts seminar with Chief Justice Wayne Martin AC QC on whether Perth can become a hub for energy and resources arbitration
On 5 February 2015, Herbert Smith Freehills’ Perth office hosted a seminar that examined the potential for Perth to build on its reputation as a key …
Significant developments in international arbitration in Australia in 2014
This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and …
Castel seeking to enforce arbitral award in China
Following the Full Federal Court of Australia’s refusal to set aside an arbitral award in favour of Castel in July this year, Castel has sought to …
Australia and China conclude free trade agreement
On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade …
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