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Tag: elizabeth macknay

Showing 8 out of 8 results

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 …

19 December 2022

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 …

09 December 2022

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 …

25 November 2022

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 …

10 November 2022

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 …

14 October 2022

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 …

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 …

10 July 2017

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 …