Arbitration Notes
Tag: elizabeth macknay
Showing 8 out of 8 results
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 …
Arbitration, the creature which can be tamed: the Federal Court of Australia clarifies the interplay between a non-municipal legal system and the statutory regime for enforcement of arbitral awards
A drawcard for arbitration is its flexible nature, which makes it a suitable mechanism for resolving a wide range of bespoke disputes. This flexibility …
WESTERN AUSTRALIA SUPREME COURT REAFFIRMS ‘REAL DANGER OF BIAS’ TEST FOR CHALLENGES TO ARBITRATORS
The Supreme Court of Western Australia has confirmed that the appropriate test for determining whether there were any ‘justifiable doubts’ as to the …
ARBITRATION ON THE RISE IN AUSTRALIA: ACICA REFLECTS ON A DECADE OF GROWTH
The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’, in …
THINK BEFORE YOU ACT - WA SUPREME COURT FINDS CONSENT BY CONDUCT TO ARBITRATION APPEAL
The Supreme Court of Western Australia recently decided a rare application to appeal arbitral awards pursuant to s 34A of the Commercial Arbitration Act …
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 …
Inside Arbitration: Issue #4 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside …