The English Court of Appeal is the latest court to weigh in on this long-running dispute spanning multiple jurisdictions between Messrs Emmott and Wilson, relating to an agreement to establish a “quasi-partnership”. Following an appeal brought by Mr Emmott against the High Court’s decision (which we reported here), the question for the Court of Appeal was whether … Read more
The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision rendered under the rules of the International Centre for Settlement of Investment Disputes (ICSID). In Lahoud v The Democratic Republic of Congo [2017] FCA 982 (Lahoud), the Federal Court of Australia highlights that applicants … Read more
The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. These articles are incorporated into Australian law by the International Arbitration Act 1974 (Cth). The … Read more
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 the Model Law to obtain a further Award in circumstances where the arbitrator has made … Read more
Giedo van der Garde BV v Sauber Motorsport AG [2015] VSC 80; Sauber Motorsport AG v Giedo van der Garde BV [2015] VSCA 37 The occasion of the Formula One Grand Prix in Melbourne in mid-March 2015 provided a further opportunity for both the Victorian Supreme Court and the Victorian Court of Appeal to demonstrate … Read more
This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and court rules, and significant developments in relation to investment treaty arbitration for Australian investors. Read more
In William Hare UAE LLC v Aircraft Support Industries Pty Ltd [2014] NSWSC 1403, the plaintiff, a company incorporated in Abu Dhabi, sought enforcement of a foreign arbitral award under the International Arbitration Act 1974 (Cth). The enforcement was challenged by the defendant on grounds that a breach of public policy occurred in connection with … Read more
Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v BBCG), has highlighted the importance of parties carefully tailoring the arbitration and jurisdiction clauses in their agreements to reflect their particular circumstances. A failure to do so may have implications … Read more
