In a unanimous decision (accessible here), the Full Federal Court of Australia has allowed (on a limited basis as explained below) an appeal by the Kingdom of Spain of the Federal Court decision in Eiser Infrastructure Limited v Kingdom of Spain [2020] FCA 157 (Eiser). The decision at first instance had allowed the recognition and … Read more

In Full Joy Foods Pty Ltd v Australian Dairy Park Pty Ltd [2020] VSC 672, the Victorian Supreme Court confirmed the well-established position in Australia that a party’s entitlement to a ‘fair opportunity to present its case’ does not require an arbitrator to ensure the party takes best advantage of those opportunities presented to it … Read more

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

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

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

A recent judgment of the Supreme Court of Western Australia, Dalian Huarui Heavy Industry International Company Ltd v Clyde & Co Australia [2020] WASC 132 (available here), demonstrates that the use of interim measures to provide security for an amount in dispute can be a very powerful remedy when structured through the creation of a … Read more

The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents … Read more

In Inghams Enterprises Pty Limited v Hannigan [2020] NSWCA 82, the New South Wales Court of Appeal found that a claim for unliquidated damages for breach of contract could not be referred to arbitration because it was not within the scope of a narrowly drafted arbitration agreement. Relevantly, the scope of the arbitration agreement was … Read more