Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Australia in the 2018-2019 Arbitration Yearbook.
Arbitration News from Australia
Keeping the lights on: Australian court enforces arbitral award
Executive summary
In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd FCA 1116, the Federal Court of Australia (FCA) enforced an...
Multi-tiered dispute resolution clauses: a reminder of the Court of Appeal’s split decision
The dispute resolution clause is often referred to as the "midnight clause" as it is commonly reviewed at the 11th hour of the contract...
Australian court enforces foreign arbitral award made in People’s Republic of China
In the recent decision of Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang FCA 767, the Federal Court of Australia (FCA) determined that...
Australia: COVID-19 – Will arbitration proceedings continue if a party becomes insolvent?
In brief
Even with the fiscal stimulus and other measures taken by the Federal and State governments in Australia, corporate insolvencies are likely to increase...
The Show Must Go On: Alternative Dispute Resolution and Litigation During COVID-19 in Australia
Dispute resolution mechanisms are still open to resolve disputes in these unprecedented times. Various forms of Alternative Dispute Resolution (ADR), including mediation, are being...
Renewable energy: protection of investments through arbitration
Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to...
Australian court enforces ICSID awards against Spain
The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of...
The Rinehart case: to stay or not to stay
Introduction
The courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings. A stay application may be made...
Baker McKenzie International Arbitration Yearbook 2019-2020 – Australia
AUSTRALIA
Jo Delaney and Charlotte Hendriks
A. LEGISLATION AND RULES
A.1 Legislation
International arbitration continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have...
Australia ratifies the CPTPP
On 31 October 2018, Australia was the 6th country to ratify the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also referred to as...
