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 the Australian Government, concerning the introduction of tobacco plain packaging rules. Opponents have relied on the case to highlight the perceived risk of “regulatory chill” caused by the proliferation of “secret courts”, while many proponents had hoped that the case would result in an award that carefully balanced the State’s “right…
Have you heard of the arbitration guidelines of the Law Institute of Victoria? Neither had Justice Croft when,…
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets…
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 confidentiality provisions in the International Arbitration Act 1974 (Cth) (IAA) is one of a series of amendments made to the IAA as described below.[1] Confidentiality Through amendments to section 22(2) of the IAA, the confidentiality provisions in sections 23C to 23G of the IAA now apply on an “opt-out”, rather…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between…
The Timor-Leste v Australia case in the International Court of Justice (ICJ) was officially discontinued on 11 June…
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 context of international business transactions. These risks are heightened for companies doing business in developing markets. Where a transaction results in a dispute, an additional risk can arise where the bribe takers, or their successors, seek to use allegations of corruption in relation to the transaction against the other party…
(just ask Hong Kong and London) New rules and model clauses released by the Hong Kong and London…
One step closer to national harmonisation On 14 March 2013, the Commercial Arbitration Act 2013 (Act) was passed…
The High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974 (Cth) (Act) and declared the Act valid: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia & Anor.Facts The case concerned an agreement between a Chinese company, TCL Air Conditioner (Zhongshan) Co Ltd (TCL), and an Australian company based in Victoria, Castel Electronics Pty Ltd (Castel), for the supply of air…