Arbitration Notes

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 …

WESTERN AUSTRALIA SUPREME COURT REAFFIRMS ‘REAL DANGER OF BIAS’ TEST FOR CHALLENGES TO ARBITRATORS

The Supreme Court of Western Australia has confirmed that the appropriate test for determining whether there were any ‘justifiable doubts’ as to the …

Not necessary to keep the lights on: court rejects application for urgent relief and gives green light to arbitration

In Power and Water Corporation v ENI Australia B.V [2022] WASC 376 the Supreme Court of Western Australia has provided clarification on the use of …

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 …

THINK BEFORE YOU ACT - WA SUPREME COURT FINDS CONSENT BY CONDUCT TO ARBITRATION APPEAL

The Supreme Court of Western Australia recently decided a rare application to appeal arbitral awards pursuant to s 34A of the Commercial Arbitration Act …

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …

NEW SOUTH WALES SUPREME COURT ALLOWS CALL ON BANK GUARANTEE DESPITE ONGOING ARBITRAL PROCEEDINGS

In a recent decision, the Supreme Court of New South Wales held that ongoing arbitral proceedings did not prevent a party from calling upon a guarantee …

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

Australian court sets a high bar for challenges to arbitrators

The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …

ENSURE SMOOTH SAILING: SEEKING A SUBPOENA IN SUPPORT OF ARBITRATION

A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …

Future of Consumer APAC: Managing and exiting distribution agreements