Arbitration Notes

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

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

HIGH COURT OF AUSTRALIA RULES ON INTERPRETATION OF ARBITRATION CLAUSES

In an important and clarifying decision, the High Court of Australia has handed down its decision in Rinehart & Anor v Hancock …

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

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 …

The Federal Court of Australia recognises and enforces ICSID award

  The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision …

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

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards …

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 …

All Australian States and Territories are now Model Law jurisdictions

By introducing the new Commercial Arbitration Act 2017 (ACT), the Australian Capital Territory is the last Australian State to adopt the United Nations …

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 …

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

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 …

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

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 …

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

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 …