Australia

Anticipated arbitration reforms in Australia

The Australian International Arbitration Act 1974 (Cth) (Act) applies to all international arbitration proceedings in Australia. The Civil Law and Justice Legislation Amendment Bill 2017 (Bill) is an omnibus bill which proposes to make certain amendments to the Act (as … Continue reading

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Filed under Arbitration laws, Australia, Confidentiality, Enforcement, UNCITRAL Model Law

All Australian States and Territories are now Model Law jurisdictions

By introducing the new Commercial Arbitration Act 2017 (ACT), the Australian Capital Territory is the last Australian State to adopt the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration (the Model Law). At the Federal … Continue reading

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Filed under Arbitration laws, Australia, UNCITRAL Model Law

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

In Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97, Croft J of the Victorian Supreme Court confirmed that a party is not required to rely on, or comply with the time constraint in, Art 33(3) of … Continue reading

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Filed under Arbitration laws, Australia, Awards, Costs, Court intervention, Stays, UNCITRAL Model Law

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd (Jasmin) leave to … Continue reading

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Filed under Arbitration clauses, Australia, Court intervention, Enforcement, The Americas, Third-Party Rights

ACICA announces panel of tribunal secretaries, publishes guideline on the use of tribunal secretaries

On 1 January 2017, the Australian Centre for International Commercial Arbitration (ACICA) announced the launch of a panel of tribunal secretaries which will serve as a resource for tribunals and parties undertaking arbitration in Australia and the region. ACICA also published … Continue reading

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Filed under Arbitration proceedings, Australia, Confidentiality, Independence, Procedures in arbitration, Publications and Guides, Uncategorized

Australian Federal Court stays winding up application to allow arbitration of underlying dispute

The Federal Court of Australia has recently held that a winding up application made in respect of a joint venture company should be stayed and the substantive underlying matters of dispute between the joint venture parties be referred to arbitration … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration laws, Australia, Jurisdiction, Stays, UNCITRAL Model Law

Sydney Arbitration Week: 21-25 November 2016

Sydney Arbitration Week has commenced with an extensive and interesting programme of arbitration conferences, seminars and presentations. One of the key events is the Fourth International Arbitration Conference which is organised by the Business Law Section of the Law Council of … Continue reading

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Filed under Australia, Events

Involvement of Australian parties in ICC arbitrations rises steeply

In its most recent Dispute Resolution Bulletin, the Court of Arbitration of the International Chamber of Commerce (ICC) observed that the “number of Australian parties [involved in ICC arbitrations] rose steeply to a level previously unseen.” The ICC reported 30 … Continue reading

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Filed under Australia, News

Recent changes to the ACICA Arbitration Rules

In November 2015, the Australian Centre for International Commercial Arbitration (ACICA) announced the release of its new ACICA Arbitration Rules 2016 and ACICA Expedited Arbitration Rules 2016, each of which came into effect on 1 January 2016. As this is … Continue reading

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Filed under Arbitration rules, Australia

Herbert Smith Freehills partners appointed to ACICA Advisory Council; new rules unveiled

Herbert Smith Freehills partners Justin D'Agostino and Laurence Shore have been appointed to the new Advisory Council of the Australian Centre for International Commercial Arbitration ("ACICA"). D'Agostino, head of the firm's global dispute resolution group, and Shore, a New York-based … Continue reading

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Filed under Australia, News