Search for:
Category

Australia

Category

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…

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…

(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…