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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Australia

by , and 20 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no amendments to the IAA in the past year. In December 2023, Australia and the United Arab Emirates (UAE) announced the commencement of negotiations for a Comprehensive Economic Partnership Agreement (CEPA), with negotiations concluding on 17 September 2024. The CEPA treaty was subsequently signed on 6 November 2024, and the…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Thailand

by , , and 11 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act, B.E. 2545 (2002) (“AA”), the major provisions of which have remained unchanged since its enactment. A.2 Institutions, rules and infrastructure On 26 September 2024, the Thai Arbitration Institute (TAI) published “Rules on Arbitration Proceedings with TAI as an Appointing Authority under UNCITRAL Rules or Other Rules”, B.E. 2567 (2024) (“AA Rules”). The AA Rules set out the…

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In Asia-Pacific

A serious question to be tried: are settlement agreements and subsequent procedural orders terminating an arbitration subject to the setting aside and enforcement regimes for awards under Hong Kong law?

by 7 Mins Read

The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether an arbitrator’s order amounted to an award or interim order: see our blog post on the decisions in G v N and W v Contractor.[1] But questions for the CFI as to what constitutes an award continue. InL v R [2024] HKCFI 1611, the plaintiff (L) applied to the CFI to set aside a Settlement Agreement (SA)…

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In India

One more bite, please? Indian Supreme Court sets aside arbitral award in exercise of its curative jurisdiction

by 15 Mins Read

A unanimous award (worth around USD 960 million) issued in favor of a construction consortium by a three-member Arbitral Tribunal sitting in New Delhi was set aside by the Supreme Court of India, after no less than 5 attempts to assail the award. The saga, which began before a Single Judge bench of the Delhi High Court in 2017, finally ended before the Supreme Court in April 2024, when it set aside the award in…

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