Arbitration Notes
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Showing 9 out of 9 results
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 …
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 …
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 …
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 …