Welcome to the twelfth issue of Inside Arbitration We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about … Read more

Full Court of the Federal Court of Australia gives guidance on award enforcement

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the arbitral tribunal was not constituted strictly in accordance with the parties’ arbitration agreement. Notably, the decision also considers the courts’ discretion to enforce an award even where a party establishes … Read more

State of play of investment treaty arbitration in Australia

Investment protection regimes are at a crossroads globally. Different governments, trading blocks and interest groups are pushing their policy agendas in diverging directions when it comes to bilateral and multilateral investment protection schemes. Australia is no exception to this debate. In this note we canvass some of the key developments in the investment treaty arbitration … Read more

Federal Court of Australia continues to reinforce Australia’s pro-enforcement approach to foreign arbitral awards

A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). In Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676, the Federal Court applied … Read more

Australian Court clarifies approach to scope and arbitrability of ambiguous arbitration agreements

A recent judgment of the Supreme Court of Queensland is a useful reminder of the willingness of Australian Courts to enforce broadly drafted arbitration agreements. The judgment also demonstrates the expansive view taken by Australian Courts with respect to arbitrating non-contractual claims. Whereas often in such cases the issue relates to whether the arbitration agreement … Read more

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