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International arbitration update - winter 2009

11/06/2009
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  • Amendments foreshadowed to the International Arbitration Act 1974
    In November 2008, the Federal Attorney-General released a Discussion Paper announcing a review of the International Arbitration Act 1974 (the “Act”) and calling for submissions on possible amendments to the Act. The Act is the legislation that gives effect to Australia’s obligations under the New York Convention of 1958, and deals with a range of matters including the enforcement of international arbitration agreements, the enforcement of international awards, and the circumstances in which the support of the Australian courts may be invoked in support of arbitrations. This is the first full-scale review of the Act since it became effective, and is likely to result in some important amendments.
  • Anti-suit injunctions no longer an efficient tool for arbitration in the EU: Allianz SpA, Generali Assicurazioni Generali SpA v West Tankers Inc
    In the House of Lords decision that referred the issue of whether anti-suit injunctions granted to give effect to arbitration agreements are compatible with Brussels Regulation No 44/2001 to the European Court of Justice (ECJ), Lord Steyn commented that “if Member States of the European Community are unable to offer a seat of arbitration capable of making orders restraining parties from acting in breach of the arbitration agreement, there is no shortage of other states which will. For example, New York, Bermuda and Singapore”. His Lordship is correct.
  • Hong Kong International Arbitration Centre (HKIAC) - new Administered Arbitration Rules
    On 1 September 2008, the new Administered Arbitration Rules (the “Administered Rules”) introduced by the Hong Kong International Arbitration Centre (“HKIAC”) came into effect.
  • Partial enforcement of New York Convention awards?: IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2009] 1 Lloyd’s Rep 89
    Can a party appeal an arbitral award to tactically delay or avoid enforcement? Not necessarily, according to the English Court of Appeal (the “Court of Appeal”) in IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2009] 1 Lloyd’s Rep 89.
  • In brief
    Mallesons in 2009 Global Arbitration Review top 100 Mallesons was again named in the Global Arbitration Review Top 100 firms with international arbitration specialist expertise. Mallesons was noted as being a particularly active advocate, with Max Bonnell, Peter Megens, David Fairlie, Simon Lee, Jonathan Kay Hoyle, Paul Starr, Jennifer Lee-Shoy and Christopher Tung all named for their expertise in international arbitration matters, as well as their diversity of backgrounds. Beth Cubitt was also named as a young practitioner to watch.
  • Practitioner in profile
    Peter Megens Peter is a Partner in the Melbourne office of Mallesons Stephen Jaques where he specialises in dispute resolution - litigation, arbitration and mediation, construction, energy and natural resources, infrastructure and project structuring. Peter is extensively involved in arbitration and mediation throughout Australia and internationally and has recently been appointed Adjunct Professor of Law at Murdoch University in Western Australia.

​Who does this affect?
Entities involved in cross-border transactions and companies with offshore investments including construction disputes and reinsurance disputes.

​What do you need to do?
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