Arbitration News from Australia

Australia: COVID-19 – Will arbitration proceedings continue if a party becomes insolvent?

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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

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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

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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

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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

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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

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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

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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...

Australia: Arbitration Agreements

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This excerpt originally appeared in the Baker McKenzie International Arbitration Yearbook 2017-2018. The Yearbook comprises reports on arbitration in key jurisdictions around the globe....

US court confirms international arbitral award against non-signatory.

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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...

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

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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...

 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on Australia in the 2018-2019 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on Australia in the 2017-2018 Arbitration Yearbook.