Arbitration News from Australia

US court confirms international arbitral award against non-signatory.

Petitioner, Trina Solar US, Inc. ("Trina"), is a California company that manufactures and sells solar panels. In 2012, Trina began negotiations with Respondents, Australia-based...

Fireless dragon: indemnity costs for unmeritorious challenge to arbitral award

Australian courts will not lightly set aside arbitral awards, including on public policy grounds. The recent case of Sino Dragon Trading Ltd v Noble Resources...

Smoke and Mirrors? Structuring of Foreign Investments Following the Philip Morris Award

Perhaps the most high-profile case in the debate over investor-state arbitration in recent years has been the investment treaty claim by Philip Morris against...

Making sense of a pathological clause

Have you heard of the arbitration guidelines of the Law Institute of Victoria? Neither had Justice Croft when, in Robotunits Pty Ltd v Mennel, ...

TPP text released: Investment Chapter

The much awaited text of the TPP has been released.  As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each...

Keeping secrets in international arbitration

Confidentiality is now "opt-out" As of 14 October 2015, international arbitrations seated in Australia are confidential unless the parties agree otherwise.  The amendments to the...

TPP: ISDS included in the final deal

Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia,...

East Timor resumes CMATS arbitration against Australia

The Timor-Leste v Australia case in the International Court of Justice (ICJ) was officially discontinued on 11 June 2015. East Timor has stated it...

Corruption and International Arbitration

How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery and corruption are significant risks in the...

Australia: Choosing the law of your arbitration agreement – it matters

(just ask Hong Kong and London) New rules and model clauses released by the Hong Kong and London arbitral institutions highlight the importance of choosing...

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Australia in the Arbitration Yearbook.