Have you heard of the arbitration guidelines of the Law Institute of Victoria? Neither had Justice Croft when, in Robotunits Pty Ltd v Mennel, he had to consider an arbitration agreement that referred disputes to arbitration in accordance with these fictitious guidelines. This case demonstrates that Australian courts will uphold arbitration agreements where there is clear intention to refer disputes to arbitration even if the arbitration clause is poorly drafted. Background Mr Mennel and Robotunits Pty…
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…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia, Japan, Malaysia, New Zealand, Singapore and the United States, which represent around 40% of global GDP and one third of world trade. The text of the TPP is still being finalised by the TPP States and is not yet available. Reports indicate that the TPP includes an Investment Chapter with a…
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…
(just ask Hong Kong and London) New rules and model clauses released by the Hong Kong and London arbitral institutions highlight the importance of choosing the law governing the arbitration agreement itself You may be aware that an arbitration agreement is separable and distinct from the main contract between the parties. But did you know that an arbitration agreement can be governed by a law that is different to the governing law of the main…
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…