Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In EBJ21 v EB021,[1] the Federal Court…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration Act 1974 (Cth) (IAA), to which…
AUSTRALIA Jo Delaney Charlotte Hendriks and Anita Juric A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration…
Executive summary In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1116, the Federal Court of Australia (FCA) enforced…
The dispute resolution clause is often referred to as the “midnight clause” as it is commonly reviewed at the 11th hour of the contract…
In the recent decision of Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767, the Federal Court of Australia (FCA) determined that…
The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of…
Introduction The courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings. A stay application may be made…
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…