Arbitration Notes

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 …

Pleading Points in International Arbitration: Substance Over Form?

In a recent post on the Kluwer Arbitration blog, James Allsop, Chad Catterwell, Guillermo García-Perrote and Mariia Artemenko consider whether arbitral …

THE THIN RED LINE: AUSTRALIAN COURT REDLINES CONFIDENTIALITY OF ARBITRATION PROCEEDINGS

The Harman confidentiality undertaking (or obligation of confidentiality of documents obtained pursuant to discovery, document production or subpoena) is …

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 …

NEW SOUTH WALES SUPREME COURT SETS ASIDE ARBITRATION AWARD TO PROTECT THE INTEGRITY OF THE ARBITRATION PROCESS

INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had …

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 …

Australian court sets a high bar for challenges to arbitrators

The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …

INSIDE ARBITRATION ISSUE #14 PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to issue 14 of Inside Arbitration. We are delighted to share with you the latest interactive issue of this publication from Herbert Smith …

ENSURE SMOOTH SAILING: SEEKING A SUBPOENA IN SUPPORT OF ARBITRATION

A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …

HERBERT SMITH FREEHILLS PROMOTES THREE ARBITRATION PARTNERS, THREE COUNSEL

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