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Tag: australia

Showing 12 out of 25 results

04 August 2023

ARBITRATION AND INSOLVENCY: AUSTRALIAN COURT DETERMINES WHEN ARBITRATION COSTS ORDERS CAN BE RECOVERABLE AGAINST A COMPANY IN ADMINISTRATION

The Federal Court of Australia recently determined an application brought by the administrators of a company in voluntary administration seeking judicial …

23 May 2023

ARBITRATION OF INSOLVENCY DISPUTES: THE VIEW FROM THE AUSTRALIAN COURTS

Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in …

01 February 2023

AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS

In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …

08 September 2022

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 …

15 December 2021

NO ENFORCEMENT WITHOUT NOTICE: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE AN AWARD FOR FAILURE TO GIVE PROPER NOTICE OF THE ARBITRATION

13 December 2021

THE CLOAK OF CONFIDENTIALITY IN ARBITRATION IS NOT EASILY REMOVED: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE A CONSENT AWARD THAT HAD BEEN SATISFIED

08 July 2021

State of play of investment treaty arbitration in Australia

25 June 2021

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 …

20 May 2021

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

30 March 2021

New ACICA 2021 Arbitration Rules

10 March 2021

Arbitration is on the rise in Australia

18 February 2021

International arbitration in the South Pacific: a view from Australia