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FEDERAL COURT OF AUSTRALIA AFFIRMS JURISDICTION TO ENFORCE ARBITRAL AWARDS AGAINST FOREIGN STATES PARTY TO THE NEW YORK CONVENTION
On 24 October 2023, the Federal Court of Australia dismissed India’s application to set aside an investor’s application to recognise and enforce an award …
THE ARBITRABILITY OF EMPLOYMENT DISPUTES IN AUSTRALIA
In Reeves v Alt Advisory (Jersey) Limited and Alt Financial Group Limited [2023] VSC 249 (Reeves), the Supreme Court of Victoria has enforced a private …
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 …
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 …
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