Arbitration in Australasia

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Arbitration in Australia

Arbitration—Australia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Australia published as part of the Lexology Panoramic by Law Business Research (published: July 2022). See Practice Note: Arbitration—Australia—Q&A guide.

Arbitration in Australia—an introduction to the International Arbitration Act 1974

This Practice Note discuss the Australian International Arbitration Act 1974 (IAA 1974), highlighting some of its key provisions and its relationship with other arbitral regimes such as the UNCITRAL Model Law. The note covers the objects of IAA 1974, the position on the arbitration agreement, separability and competence, opt-in and opt-out provisions, arbitrators, mandatory rules, court assistance, confidentiality, awards, challenge of awards, and representation in proceedings. The Practice Note also covers jurisprudence relating to the constitutionality of IAA 1974. See Practice Note: Arbitration in Australia—an introduction to the International Arbitration Act 1974.

Arbitration in Australia—recognition and enforcement of foreign awards

This Practice Note sets out how foreign arbitral awards are recognised and enforced in Australia. It covers the recognition and enforcement of foreign arbitral awards, the legislative scheme and objects of the International Arbitration Act 1974 and the issue of public

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Latest Arbitration News

Copy-and-paste arbitral award in Arbitration? Breach of natural justice in DOI v DOJ & Others and another matter

Arbitration analysis: The case concerned an application to set aside an arbitral award (‘Award’) rendered by the majority of a three-member tribunal (‘Majority’) in a Singapore-seated arbitration administered by the International Chamber of Commerce (ICC). In a departure from the usual judicial reluctance to interfere with arbitral awards, the Singapore International Commercial Court (‘SICC’) set aside the Award for breach of natural justice, holding that the Majority had breached (a) the rule against bias in the form of prejudgment, and (b) the fair hearing rule. The claimant’s principal complaint was that the Majority had prejudged the dispute by cutting and pasting its reasoning and conclusions on all issues in the Award from awards issued in prior related arbitrations, rather than approaching the dispute with an impartial and independent mind. This analysis examines how the circumstances in this case satisfied the high threshold required to set aside an award for breach of natural justice. Written by Swee Yen Koh, S.C, head of International Arbitration, partner, Laura Chang, partner, and Alessa Pang, partner, at WongPartnership LLP.

SCC Arbitration Institute publishes report on ISDS case administration trends

The Stockholm Chamber of Commerce (SCC) Arbitration Institute has published a report examining its role in Investor-State Dispute Settlement (ISDS). The report reveals SCC has administered 129 ISDS cases since 1993, with 96 active International Investment Agreements referring to SCC or Stockholm as an arbitration venue. The analysis covers the impact of the CJEU's Achmea decision on intra-EU disputes and highlights SCC's continued role across different legal systems, with 67% of current bilateral investment treaties involving civil law jurisdictions.

Devas v Antrix—US Supreme Court revive application to enforce US$1.3bn arbitral award

Law360: The US Supreme Court on 5 June 2025 overturned a Ninth Circuit decision refusing to enforce a US$1.3bn arbitral award issued to an Indian satellite communications company, ruling that the court's outlier interpretation of a jurisdictional question was incorrect.

BIICL to host panel discussion on public international law in UK courts

The British Institute of International and Comparative Law (BIICL) will host a panel discussion on 9 July 2025, focusing on recent developments in public international law cases in UK courts, including the issue of immunities. Chaired by the Rt Hon Lord Justice Dingemans, the panel will feature practitioners such as Hussein Haeri KC, Professor Dan Sarooshi KC, Professor Philippa Webb and Can Yeginsu. The discussion will explore how domestic courts interpret and apply international legal principles and examine emerging trends in this area. The event will be held at BIICL’s London headquarters—Charles Clore House, 17 Russell Square.

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