Arbitration in Australasia

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Latest Arbitration News

Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

The following Arbitration news provides comprehensive and up to date legal information on Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

The following Arbitration news provides comprehensive and up to date legal information on Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The following Arbitration news provides comprehensive and up to date legal information on Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined...

A quick guide to the arbitration process

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration...

Institutional arbitration—an introduction to the key features of institutional arbitration

What is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted...

Practice notes

Umbrella clauses in investment treaty arbitration

What is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance of undertakings clause) is a provision in a...

Produced in partnership with Ben Sanderson 12th Jan

Practice notes

LMAA—costs

The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...

Produced in partnership with Shawn Kirby of Wikborg Rein 12th Jan

Practice notes

The seat of the arbitration

This Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration...

Produced in partnership with 39 Essex Chambers 12th Jan

Practice notes

SCC Rules (2017)—introduction and structure

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Vinge 12th Jan

Precedents

Redfern schedule—arbitration

Example Redfern scheduleSet out below is an example of a Redfern schedule of the type commonly used for the exchange of requests for documentation...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Maritime arbitration—an introduction

Maritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime affairs to which consensually agreed...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Revised ICC Arbitration Rules for 1 January 2012 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The International Chamber of Commerce Arbitration Rules 2012 are referred to as...

9th Nov

Practice notes

Investment treaty arbitration—an introduction

STOP PRESS: This Practice Note is being reviewed in light of the 5 May 2020 agreement by most EU Member States to terminate their intra-EU bilateral...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P. 12th Jan

Practice notes

Hong Kong—example arbitration clauses

This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the...

9th Nov

Practice notes

International arbitration—an introduction to the key features of international arbitration

This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...

Produced in partnership with Thirty Nine Essex Street 12th Jan

Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout)....

9th Nov

Practice notes

International arbitration—key differences between international and domestic arbitration

In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration...

9th Nov

Practice notes

Partial awards in arbitration

Parties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific issue that forms part of the...

Produced in partnership with CMS 12th Jan

Practice notes

International arbitration clauses—ad-hoc

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....

Produced in partnership with Peter McQueen 12th Jan

Most recent Arbitration in Australasia content

Practice notes

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

The International Arbitration Act 1974 (IAA 1974), which is the legislative regime governing international commercial arbitration in Australia,...

Produced in partnership with Jo Delaney of Baker McKenzie and Peter McQueen of Peter McQueen 8th Apr

Practice notes

Interim remedies in arbitrations relating to Australia

This Practice Note considers interim remedies in arbitrations relating to Australia.Interim remedies may be issued by the arbitral tribunal or by a...

Produced in partnership with Jo Delaney of Baker McKenzie 8th Apr

Practice notes

Challenging and appealing arbitral awards in Australia

This Practice Note considers challenges and appeals to international and domestic arbitral awards in Australia.The relevant legislative frameworkThe...

Produced in partnership with Leon Chung (Partner) and Mitchell Dearness (Solicitor) of Herbert Smith Freehills 8th Apr

Practice notes

Challenging arbitral jurisdiction and anti-suit measures in Australia

This Practice Note considers the following issues:•stay of court proceedings in favour of arbitration•granting anti-suit injunctions by the Australian...

Produced in partnership with Jo Delaney of Baker McKenzie 8th Apr

Practice notes

State immunity and arbitration in Australia

STOP PRESS: This Practice Note is being reviewed in light of the Full Court of the Federal Court of Australia decision in Kingdom of Spain v...

Produced in partnership with Jo Delaney of Baker McKenzie 8th Apr

Practice notes

Arbitration in Australia—recognition and enforcement of foreign awards

Recognition and enforcement of foreign awardsThe International Arbitration Act 1974 (IAA 1974), which is the legislative regime governing...

Produced in partnership with Jo Delaney of Baker McKenzie and Peter McQueen of Peter McQueen 8th Apr

Practice notes

The Australian Centre for International Commercial Arbitration (ACICA)—an introduction to the institution and its arbitration rules

STOP PRESS: This Practice Note is being reviewed in light of the 2021 edition of the ACICA Arbitration Rules and Expedited Arbitration Rules which...

Produced in partnership with Leon Chung and Mitchell Dearness of Herbert Smith Freehills 29th Mar

Practice notes

Interim remedies in support of arbitration in New Zealand

Interim remedies in support of arbitration—the legislative regimeArbitration in New Zealand is governed by the Arbitration Act 1996 (the Act). The...

Produced in partnership with Tim Stephens of Stout Street Chambers 22nd Mar

Practice notes

Arbitration in Australia—Getting the Deal Through guide [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.Arbitration in AustraliaThe Getting the Deal Through (GtDT) guide for Australia...

12th Mar

Practice notes

Arbitration in New Zealand—recognition and enforcement of arbitral awards

The recognition and enforcement of both New Zealand and foreign arbitral awards in New Zealand is governed by Arbitration Act 1996 (the Act), Sch 1,...

Produced in partnership with Tim Stephens of Stout Street Chambers 22nd Feb

Practice notes

Arbitration in New Zealand—an introduction

This Practice Note should be read in conjunction with Practice Note: Arbitration in New Zealand—recognition and enforcement of arbitral awards.The New...

Produced in partnership with Tim Stephens of Stout Street Chambers 22nd Feb

Precedents

Australian Maritime and Transport Arbitration Commission (AMTAC) model arbitration clause

The Australian Maritime and Transport Arbitration Commission (AMTAC) model arbitration clause is...

26th Sep

Precedents

Maritime Law Association of Australia and New Zealand model arbitration clause

The Maritime Law Association of Australia and New Zealand model arbitration cl...

26th Sep

Arbitration in Australasia

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Latest Arbitration News

Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

A quick guide to the arbitration process

Institutional arbitration—an introduction to the key features of institutional arbitration

Most recent Arbitration in Australasia content

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