THE ARBITRABILITY OF EMPLOYMENT DISPUTES IN AUSTRALIA

In Reeves v Alt Advisory (Jersey) Limited and Alt Financial Group Limited [2023] VSC 249 (Reeves), the Supreme Court of Victoria has enforced a private binding foreign arbitral award (arbitral award) issued pursuant to an arbitration agreement contained in an employment contract. The Court, of its own motion (the respondent did not appear in the … Read more

THE THIN RED LINE: AUSTRALIAN COURT REDLINES CONFIDENTIALITY OF ARBITRATION PROCEEDINGS

The Harman confidentiality undertaking (or obligation of confidentiality of documents obtained pursuant to discovery, document production or subpoena) is well established: in principle, information obtained pursuant to discovery or subpoena cannot be used for a collateral or ulterior purpose unrelated to the proceedings in which that production occurs. From time to time there is some … Read more

ARBITRATION OF INSOLVENCY DISPUTES: THE VIEW FROM THE AUSTRALIAN COURTS

Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in accordance with pre-existing arbitration agreements. In particular, the decisions address the following two key issues: when certain insolvency claims can be arbitrated; and when a third party can participate in arbitral proceedings either claiming or … Read more

Arbitration, the creature which can be tamed: the Federal Court of Australia clarifies the interplay between a non-municipal legal system and the statutory regime for enforcement of arbitral awards

A drawcard for arbitration is its flexible nature, which makes it a suitable mechanism for resolving a wide range of bespoke disputes. This flexibility can allow a tribunal to resolve disputes in accordance with specific laws and procedures which the parties select – including non-municipal systems of law. Read more

ARBITRATION ON THE RISE IN AUSTRALIA: ACICA REFLECTS ON A DECADE OF GROWTH

The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’, in celebration of 10 years since significant legislative reforms were made to increase the efficiency and effectiveness of arbitration in Australia. The report coincided with the 10th anniversary of the annual Australian Arbitration week … Read more