Jurisdiction: Australia

AUSTRALIA AND INDONESIA SIGN COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT

29 March, 2019

On 4 March 2019, Australia and Indonesia signed the Australia-Indonesia Comprehensive Economic Partnership Agreement ("CEPA"). In this post, we briefly consider some of the noteworthy features of the CEPA chapter on investment and in particular its provisions regarding investor-State dispute… Read more

AUSTRALIA AND HONG KONG SIGN NEW TRADE AGREEMENT CONTAINING INVESTOR-STATE DISPUTE RESOLUTION PROVISIONS

28 March, 2019

On 26 March 2019, Australia and Hong Kong signed the Australia-Hong Kong Free Trade Agreement (A-HKFTA) and its associated Investment Agreement (Agreement). These agreements were negotiated against the background of a heated political debate in Australia regarding the benefits and… Read more

New South Wales CA imports arbitration clause from one entity to another, stays proceedings

17 May, 2018

In Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, the New South Wales Court of Appeal overturned the decision of the New South Wales Supreme Court by referring a dispute to arbitration… Read more

New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement

9 May, 2018

New Zealand has recently signed "side letters" to exclude compulsory Investor State Dispute Settlement ("ISDS") with five members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership ("CPTPP") – Brunei Darussalam, Malaysia, Peru, Viet Nam and Australia. This demonstrates the… Read more

The English Court of Appeal substitutes one anti-suit injunction for another (more limited one)

9 February, 2018

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… Read more

The Federal Court of Australia recognises and enforces ICSID award

24 October, 2017

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… Read more

Australian Court sets aside an international arbitration award and removes an arbitrator

24 August, 2017

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.… Read more

Australia is the first state in the Asia-Pacific region to sign the Mauritius Convention

25 July, 2017

On 18 July 2017, Australia became the first state in the Asia-Pacific region to sign the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention. Globally, Australia was the 21st signatory to the Mauritius… Read more

Inside Arbitration: Issue #4 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

10 July, 2017

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication… Read more

Anticipated arbitration reforms in Australia

25 April, 2017

The Australian International Arbitration Act 1974 (Cth) (Act) applies to all international arbitration proceedings in Australia. The Civil Law and Justice Legislation Amendment Bill 2017 (Bill) is an omnibus bill which proposes to make certain amendments to the Act (as… Read more

All Australian States and Territories are now Model Law jurisdictions

18 April, 2017

By introducing the new Commercial Arbitration Act 2017 (ACT), the Australian Capital Territory is the last Australian State to adopt the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration (the Model Law). At the Federal… Read more

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

16 March, 2017

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… Read more

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

6 February, 2017

On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd (Jasmin) leave to… Read more

ACICA announces panel of tribunal secretaries, publishes guideline on the use of tribunal secretaries

2 February, 2017

On 1 January 2017, the Australian Centre for International Commercial Arbitration (ACICA) announced the launch of a panel of tribunal secretaries which will serve as a resource for tribunals and parties undertaking arbitration in Australia and the region. ACICA also published… Read more

Australian Federal Court stays winding up application to allow arbitration of underlying dispute

1 February, 2017

The Federal Court of Australia has recently held that a winding up application made in respect of a joint venture company should be stayed and the substantive underlying matters of dispute between the joint venture parties be referred to arbitration… Read more

Sydney Arbitration Week: 21-25 November 2016

22 November, 2016

Sydney Arbitration Week has commenced with an extensive and interesting programme of arbitration conferences, seminars and presentations. One of the key events is the Fourth International Arbitration Conference which is organised by the Business Law Section of the Law Council of… Read more

Involvement of Australian parties in ICC arbitrations rises steeply

7 June, 2016

In its most recent Dispute Resolution Bulletin, the Court of Arbitration of the International Chamber of Commerce (ICC) observed that the “number of Australian parties [involved in ICC arbitrations] rose steeply to a level previously unseen.” The ICC reported 30… Read more

Recent changes to the ACICA Arbitration Rules

10 May, 2016

In November 2015, the Australian Centre for International Commercial Arbitration (ACICA) announced the release of its new ACICA Arbitration Rules 2016 and ACICA Expedited Arbitration Rules 2016, each of which came into effect on 1 January 2016. As this is… Read more

Herbert Smith Freehills partners appointed to ACICA Advisory Council; new rules unveiled

27 April, 2016

Herbert Smith Freehills partners Justin D'Agostino and Laurence Shore have been appointed to the new Advisory Council of the Australian Centre for International Commercial Arbitration ("ACICA"). D'Agostino, head of the firm's global dispute resolution group, and Shore, a New York-based… Read more

Inside Arbitration: the new global publication from Herbert Smith Freehills’ Global Arbitration Practice

2 February, 2016

We are delighted to share with you the new publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In our first edition: Dr Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration considers how the… Read more

Breakfast panel with TPP negotiators on 7 January 2016: Investor-state dispute settlement under the trans-pacific partnership

5 January, 2016

Join us for a panel discussion on the dispute resolution system in the Trans-Pacific Partnership (TPP), presented by experts in international arbitration, as well as members of TPP government negotiating teams from Peru and Mexico. They will discuss the controversies arising… Read more

Launch of landmark global conference series on the future of dispute resolution

22 October, 2015

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how… Read more

Federal Court of Australia preserves the efficiency and integrity of the arbitration process

7 October, 2015

A recent decision by the Federal Court of Australia has highlighted the diligence of Courts to ensure non-interference with the arbitral process. The Court in Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028 refused to… Read more

Australian Corporation Act rights no bar to stay of proceedings in favour of arbitration

23 July, 2015

In Re Ikon Group Ltd (No 2) [2015] NSWSC 981, the New South Wales Supreme Court granted a stay of proceedings in favour of international commercial arbitration. The relevant arbitration clause was contained in an addendum to a joint venture… Read more

NSW Supreme Court refuses indemnity costs on successful application for referral to arbitration

7 July, 2015

Justice Hammerschlag of the New South Wales Supreme Court (the Court) has refused to award indemnity costs to parties which successfully obtained a stay of proceedings in favour of arbitration: John Holland Pty Ltd v Kellogg Brown & Root Pty… Read more

Corporations Act ‘matters’ and the scope of a ‘pathological’ arbitration agreement: Robotunits Pty Ltd v Mennel [2015] VSC 268

24 June, 2015

Justice Croft of the Victorian Supreme Court handed down judgment on 22 June 2015 in an application for a stay of proceedings and referral to arbitration pursuant to the International Arbitration Act 1974 (Cth) (IAA). ... Read more

Australia’s Conflicting Approach to ISDS: Where to From Here?

9 June, 2015

Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to be hotly debated in the wake of recent revelations by Wikileaks that the investment chapter of the Trans-Pacific Partnership… Read more

Australian courts take a uniform approach to interpretation of the Model Law

27 May, 2015

In Cameron Australasia Pty Ltd v AED Oil Limited,[1] the Supreme Court of Victoria refused to set aside a domestic arbitral award on the basis that the applicant was unable to present its case and was denied procedural fairness. The… Read more

Victorian courts reinforce commitment to international commercial arbitration

18 March, 2015

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… Read more

Herbert Smith Freehills cements its position as the leading international arbitration practice in Asia Pacific

13 February, 2015

Herbert Smith Freehills is pleased to announce that the firm has once again been ranked as the only firm in Band One for International Arbitration across the Asia Pacific region. The ranking was confirmed in the latest 2015 edition of… Read more

Herbert Smith Freehills hosts seminar with Chief Justice Wayne Martin AC QC on whether Perth can become a hub for energy and resources arbitration

11 February, 2015

On 5 February 2015, Herbert Smith Freehills’ Perth office hosted a seminar that examined the potential for Perth to build on its reputation as a key player in the mining sector and become a hub for international energy and resources… Read more

Significant developments in international arbitration in Australia in 2014

17 December, 2014

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

Castel seeking to enforce arbitral award in China

4 December, 2014

Following the Full Federal Court of Australia’s refusal to set aside an arbitral award in favour of Castel in July this year, Castel has sought to enforce the award against TCL in China. Castel’s enforcement proceedings have not resulted in a… Read more

Australia and China conclude free trade agreement

3 December, 2014

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade agreement that has been under negotiation since April 2005. The agreement will now be prepared in… Read more

New Arbitration Rules in the Supreme Court of Victoria, Australia

2 December, 2014

The Supreme Court (Chapter II Arbitration Amendment) Rules 2014 came into operation in the Supreme Court of Victoria, Australia, on 1 December 2014. These Rules provide comprehensive rules for the making of applications to the Court in both international commercial… Read more

The Perth Centre for Energy & Resources Arbitration (PCERA) – a new arbitration centre in Perth, Western Australia

1 December, 2014

On 11 November 2014, the Perth Centre for Energy & Resources Arbitration (PCERA) was formally launched. PCERA is a newly established arbitration centre, located in Perth, Western Australia. Its stated aim is to ‘act as an efficient, neutral and transparent… Read more

Developments in resolving cross-border disputes

7 November, 2014

With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across state borders. A number of developments in international law recognise this trend and seek to address it. These developments… Read more

New South Wales Supreme Court orders partial enforcement of foreign arbitral award where breach of natural justice found in relation to one claim

22 October, 2014

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… Read more

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