ARBITRATION ON THE RISE IN AUSTRALIA: ACICA REFLECTS ON A DECADE OF GROWTH

The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’, in celebration of 10 years since significant legislative reforms were made to increase the efficiency and effectiveness of arbitration in Australia. The report coincided with the 10th anniversary of the annual Australian Arbitration week … Read more

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral proceedings in England, in relation to a dispute arising out of a bill of lading for cargo transported between South Australia and Queensland. The Court determined that the ‘mandatory jurisdiction’ provision of the … Read more

Australian court sets a high bar for challenges to arbitrators

The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of arbitrators is the ‘real danger of bias’ test, rather than the lower threshold of the ‘reasonable apprehension of bias’ test applicable at common law. Read more

ENSURE SMOOTH SAILING: SEEKING A SUBPOENA IN SUPPORT OF ARBITRATION

A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration proceedings. Takeaways The Court is not overly prescriptive in setting out the criteria for the grant of a subpoena, but this is not to be confused with the Court giving … Read more

Future of Consumer APAC: Managing and exiting distribution agreements

James Allsop and Kathryn Sanger discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection. Watch Listen Herbert Smith Freehills Podcasts · Future of Consumer APAC: Managing and exiting distribution agreements About the … Read more