NEW INSTITUTIONAL APPOINTMENTS FOR HSF ARBITRATION PRACTITIONERS

Head of Herbert Smith Freehills’ Global Arbitration Practice, Paula Hodges QC, has officially begun her Presidency of the LCIA Court. Lauded by the legal directories as “brilliant” and the “most complete arbitration practitioner in London”, Paula has over 25 years’ experience advising clients in international disputes, particularly in the energy, telecommunications and technology sectors. Paula has been Vice President of the Court for several years and also a LCIA Board member for a decade.  Paula has taken over the role from outgoing President Judith Gill QC in May 2019 and will continue in practice at Herbert Smith Freehills whilst undertaking her new LCIA responsibilities.

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

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 evolving approach to ISDS in the Asia Pacific region and is of particular interest both in the context of the worldwide debate about the future of ISDS, and also due to the importance of CPTPP members within the global economy.

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

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 offers personal perspectives of our international arbitration partners from across the globe.

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Anticipated arbitration reforms in Australia

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 well as other various Australian legislation).

The International Arbitration Act incorporates the United Nations Commission on International Trade Law’s Model Law on International Commercial Arbitration (Model Law) and, much like other Model Law jurisdictions, contains additional provisions supplementing the Model Law. The proposed amendments to the Act are another effort by Australia to improve and clarify the provisions of the Model Law by addressing issues which have arisen in jurisprudence.

The key proposed change will make it easier for foreign awards to be enforced in Australia. A number of other less significant amendments are also proposed.

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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’

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 the Model Law to obtain a further Award in circumstances where the arbitrator has made ‘a conscious decision not to deal with an issue’.  The decision also provides useful commentary on the functus officio doctrine and the circumstances in which an Award labelled ‘Final Award’ is not, relevantly, a ‘final Award.’

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

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 serve an originating application on Trina in the US, while arbitration proceedings were ongoing in New York. As discussed below, the decision highlights the importance of ensuring that all parties to a transaction are bound by the relevant arbitration agreement from the outset of the transaction.

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Sydney Arbitration Week: 21-25 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 Australia, the Chartered Institute of Arbitrators, Australia branch, and ACICA. Singapore partner Alastair Henderson spoke on recent issues in international arbitration. Later in the week, on Thursday, 24 November, Brenda Horrigan, new Head of International Arbitration (Australia) based in Sydney, will be speaking at an ArbitralWomen breakfast event entitled Arbitration in China and the Asia-Pacific Region. She will also be presenting at a Young ICCA arbitration skills workshop on Friday, 25 November.

Sydney arbitration week has quickly established itself as one of the key event weeks in the Australian arbitration calendar attracting every year senior arbitration practitioners from Australia and abroad. Additional events can be found here: sydney-arbitration-week-2016-calendar-of-events.

For more information, please contact Brenda Horrigan, Head of International Arbitration (Australia), Alastair Henderson, Managing Partner – SE Asia, Anne Hoffmann, Senior Associate – Sydney, Chad Catterwell, Senior Associate – Melbourne, or your usual Herbert Smith Freehills contact.

Brenda Horrigan
Brenda Horrigan
Head of International Arbitration (Australia)
+61 2 9225 5536

Alastair Henderson
Alastair Henderson
Managing Partner - SE Asia
+65 68688058

Anne Hoffmann
Anne Hoffmann
Senior Associate
+61 2 9225 5561

Chad Catterwell
Chad Catterwell
Senior Associate
+61 3 9288 1498