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

Jurisdictional challenge to arbitral award on the basis of award creditor’s corporate restructuring (Energyen v HHI and KSOE)

Arbitration analysis: The Commercial Court refused to overturn an arbitral award, following a jurisdictional challenge made under section 67 of the Arbitration Act 1996 (AA 1996). This arose from the Korean corporate restructuring of an original counterparty to a supply contract, which had occurred before the arbitration was commenced. The award debtor contended that, in the context of the restructuring, the award creditor was not in fact a party to the supply contract, had not commenced the arbitration and that there had been no valid transfer to the award creditor of the right to arbitrate. The case provides useful guidance for parties in relation to how the English courts will treat challenges to arbitral awards based on the contested impact of corporate succession and where questions are raised in relation to the transfer of rights to bring claims in arbitration. Written by Rebecca Warder, Head of Knowledge at Hausfeld LLP.

Decoding arbitral disputes—UK injunctions across borders

Law360, London: This article is part of a monthly column that delves into the most critical cross-border investment and commercial European disputes over arbitral award enforcement. In this installment, I analyze the High Court's reasoning in JPMorgan Chase Bank NA v VTB Bank PJSC.

France-Which is What? The fragile evidentiary test to determine whether sovereign assets can be deemed diplomatic assets (Congo v Commisimpex & Orange)

Arbitration analysis: On 12 June 2025, the French Court of Cassation held that a foreign State’s declaration that assets were used for diplomatic purposes created a presumption pursuant to which said assets enjoyed immunity from execution. According to the court, such presumption could be rebutted by the judgment creditor if the latter could submit a form issued by the French Ministry of Foreign Affairs confirming that the assets in question (i) had not been declared by the foreign State as used for the purposes of its diplomatic mission or (ii) had been declared by the foreign State but subsequently rejected by the French Ministry of Foreign Affairs. The court also carved out an exception to the evidentiary test it had laid down: pursuant to the principle of the unicity of the legal status of immoveable property (Principe d’unicité du statut du bien immobilier), the court ruled that, even if the conditions (i) and (ii) were unsatisfied, a foreign State could still claim diplomatic immunity from execution over its immoveable property if that property had benefited from tax exemptions which would normally benefit diplomatic properties in accordance with the 1961 Vienna Convention. Written by Marie-Laure Cartier and Alexandre Meyniel, partners at Cartier Meyniel AARPI.

Arbitration weekly highlights—17 July 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, France and the USA; updates from CIArb, SIAC, NAI, ITA and AFSA; and features an exclusive interview with the SIAC Registrar. All this, and more, in our weekly highlights.

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