International arbitration update - winter 2009
Mallesons ICA Update - November 2008
International arbitration update - May 2008
In a recent decision of the Victorian Supreme Court in Ansett Australia Limited v Malaysian Airline System Berhad [2008] VSC 109, her Honour Justice Hollingworth, in imposing a stay of court proceedings under section 7 of the International Arbitration Act (Cth) 1974 (IAA), made some interesting observations about the imposition of conditions by the court when ordering a stay.
International arbitration update - February 2008
A salutary lesson in failing to draft dispute clauses properly/ A recent decision of the Federal Court has once again highlighted the difficulties that parties can experience when they do not pay sufficient attention to the drafting of their arbitration or dispute resolution clause.
International Arbitration Update - October 2007
On 17 October 2007 the House of Lords handed down its decision in Premium Nafta Products Limited and others v Fili Shipping Company Limited and others ([2007] UKHL 40).
International Arbitration Update - 30 July 2007
The Federal Court has recently granted an injunction to an Australian engineering company against an Indian corporation, despite the fact that the contract between the two companies contained a clause submitting their disputes to arbitration.
International Arbitration Update - March 2007
In December 2006, the Full Court of the Federal Court handed down a landmark decision in Comandate Marine Corp v Pan Australia Shipping Pty Limited [2006] FCAFC 192. The Full Court’s decision reversed the decision of Rares J discussed in our December 2006 International arbitration update.
International arbitration update - 13 December 2006
The recent Australian decision Pan Australia Shipping Pty Ltd v The Ship "Comandate" demonstrates how important it is to ensure that an agreement to arbitrate satisfies the definition of "agreement in writing" mandated by international conventions.
International arbitration update - March 2006
This edition features a case study on the importance of selecting a choice of law clause in arbitration agreements. We feature an article on the UNCITRAL Model Law conference in Singapore and look at arbitration issues and developments around the Australasia region.
Comparison of dispute resolution options - 14 November 2005
Deciding what dispute resolution mechanism to use can be difficult. Your choices range from litigation to arbitration (domestic and international), negotiation, mediation and expert determination. We examine the pros and cons of the different options.
International arbitration update - November 2005
This edition discusses the new Arbitration Rules and model arbitration clause from the Australian Centre for International Commercial Arbitration. Read about resolving foreign investment disputes using an ICSID arbitration. We consider the willingness of Australian courts to allow claims under section 52 of the Trade Practices Act to be submitted to arbitration. And we also look at the Lesotho Highlands Development Authority Case and its implications for challenging tribunal decisions through the Courts.
International arbitration update - July 2005
In this edition we outline the key factors to consider when deciding where to hold an international arbitration as well as practical tips to assist you in determining the composition and formulation of an Arbitral Tribunal. As foreshadowed in our last update, we also look at some key changes to CIETAC's arbitration rules. Finally, we are pleased to announce the recent appointments of two partners from Mallesons Hong Kong to the CIETAC panel of arbitrators.
International arbitration update - March 2005
In this edition we highlight arbitration in China - specifically, negotiating dispute resolution clauses. We also provide a very useful overview of how to choose the right form of dispute resolution - be it arbitration, mediation or litigation in their various forms. Other articles include a look at the popularity of the court of arbitration for sport and a brief look at international arbitration news. More…
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