INTERNATIONAL ARBITRATION IN AUSTRALIA IN 2020 – STATE OF PLAY

International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards, reaffirming Australian courts’ pro-arbitration stance. Australia’s ratification of the Mauritius Convention, the recently announced … Read more

NAVIGATING THE LOW OIL PRICE ENVIRONMENT PODCAST: HOW INVESTMENT TREATIES CAN PROTECT FOREIGN INVESTMENTS AGAINST STATE ACTION

Oil prices have recently reached historic lows and oil companies are faced with a number of potential legal issues as the prices impact their trading and operational agreements. In this podcast series, our energy disputes lawyers consider some of the key issues triggered by the current low oil price environment. Even investments into relatively stable … Read more

ANNULMENT OF AL KHARAFI V. LIBYA ARBITRAL AWARD BY CAIRO COURT OF APPEAL

On 3 June 2020, the Cairo Court of Appeal set aside a US$ 1 billion investment treaty award arising out of a dispute between a Kuwaiti construction company and the State of Libya, in relation to a license for a tourist development project in Tripoli, Libya. The award was issued under the Unified Agreement for … Read more

RECENT DEVELOPMENTS IN INDIA-RELATED ARBITRATION

Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the constitutional validity of s87 of the Arbitration Act, setting aside an award on the grounds of bias, and the time limits surrounding enforcement of awards. In other news, … Read more

ICSID RELEASES 2019 CASE STATISTICS

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2019 and updated their records for cases since 1972 (available here). ICSID has historically administered the majority of investor-state claims and these statistics remain an important bellwether for trends in such disputes. The 2019 statistics show that a lower number of … Read more