The High Court of Australia (HCA) has unanimously dismissed an appeal by the Kingdom of Spain (Spain) in a decision concerning foreign state immunity handed down on 12 April 2023 in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11.[1] The HCA unanimously rejected Spain’s appeal from a decision of the Full Federal Court of Australia (Federal Court)[2] that had determined:[3] that Spain had waived any foreign state immunity from the jurisdiction of…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration…
Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In…
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 there have been no amendments in the past year. A.2 Institutions, rules and infrastructure Australia’s leading international arbitration institution, the Australian Centre for International Commercial Arbitration (ACICA), has introduced updated ACICA Rules 2021 (“Rules”) applicable to arbitrations commenced on or after 1 April 2021. The Rules were revised in the wake…
AUSTRALIA Jo Delaney Charlotte Hendriks and Anita Juric A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to…
Executive summary In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1116, the…
The dispute resolution clause is often referred to as the “midnight clause” as it is commonly reviewed at the 11th hour of the contract negotiations. As a result, many dispute resolution clauses, particularly arbitration clauses, are given insufficient consideration. Despite this multi-tiered dispute resolution clauses are commonly included in many agreements. The decision of Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 is a timely reminder of the importance of carefully drafting the dispute…
In the recent decision of Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767, the Federal…
In brief Even with the fiscal stimulus and other measures taken by the Federal and State governments in…
