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East Timor institutes proceedings against Australia in relation to documents seized from office of Australian lawyer
On 17 December 2013, East Timor instituted proceedings against Australia in the International Court of Justice (ICJ) in relation to documents seized by …
Arbitration and related third parties: Victorian Court of Appeal to rule on application to stay litigation based on upstream NZ arbitration agreement
In a recent decision,[1] the Supreme Court of Victoria rejected a New Zealand company’s application to stay a third party claim against it. The NZ …
Australia-Korea FTA concluded: investor-state dispute resolution mechanism included
On 5 December 2013, Australia and South Korea concluded negotiations for a Free Trade Agreement (FTA). Trade with South Korea was valued at AU$31.9 …
Australian court grants leave to enforce Chinese award against company in liquidation
On 19 April 2013, Justice Foster of the Federal Court of Australia handed down judgment in the case of Eopply New Energy Technology Co Ltd v EP Solar Pty …
High Court of Australia dismisses challenge to legislation incorporating the UNCITRAL Model Law
The High Court of Australia this morning dismissed a challenge to legislation incorporating the UNCITRAL Model Law on International Commercial …
Australia and investor-state-dispute resolution mechanisms in the Trans-Pacific Partnership
In 2011, Australia’s Gillard government announced a new policy not to include investor-state-dispute resolution mechanisms in future investment treaties …
Australia announces new sanctions against Iran
On 10 January 2013, the Australian Foreign Minister, Bob Carr, announced the Australian government’s intention to implement further autonomous sanctions …
The importance of getting the arbitration clause right
Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v …
New Commercial Arbitration Act based on UNCITRAL model law passed by Western Australian Parliament
On 29 August 2012, the Western Australian parliament passed the Commercial Arbitration Act 2012 (WA) (Act) (with ss 1A and 1B commencing on this date and …
Sanctions and the risks of doing business across national borders
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Expropriation through taxation - in which circumstances might there be a remedy under international investment law?
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Enforcing awards against States and State-owned entities
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