New ACICA 2021 Arbitration Rules

The Australian Centre of International Commercial Arbitration (ACICA) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the future of arbitration. The 2021 Rules further strengthen ACICA’s … Read more

Arbitration is on the rise in Australia

On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report. The Report analysed data obtained by ACICA and FTI Consulting in the inaugural Australian Arbitration Survey. The Survey collected data on arbitrations commenced, conducted and concluded in the period between 2017 and 2019 with an Australian ‘connection’ … Read more

International arbitration in the South Pacific: a view from Australia

By Brenda Horrigan, Chad Catterwell and Guillermo Garcia-Perrote. International arbitration is gaining ground across the South Pacific region. There are a wide range of benefits brought about by implementing an effective framework for international arbitration across the region, most prominently increased foreign investment opportunities and the economic advantages that brings. Presently, eight countries from the … Read more

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

AUSTRALIAN GOVERNMENT TO REVIEW ITS BILATERAL INVESTMENT TREATIES

The Australian Federal Government has announced it is reviewing the bilateral investment treaties (BITs) to which Australia is a party. BITs are typically entered into to promote and protect investments made between the BIT partner States. To that end, Australia is party to 15 BITs with each of Argentina, China, Czech Republic, Egypt, Hungary, Laos, … Read more

SURVIVAL CLAUSE UNDER AUS-INDO BIT WILL NOT SURVIVE THE IMPLEMENTATION OF IA-CEPA

The Indonesia-Australia Comprehensive Economic Partnership Agreement (“IA-CEPA”) will enter into force on 5 July 2020. We have previously discussed the IA-CEPA’s provisions in detail (see here) and the progress of its implementation (see here). Since our last post, the IA-CEPA has been ratified by the Indonesia and Australian parliaments and steps have been taken to … Read more