Our experienced Arbitration legal team regularly publishes articles and updates - the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues affecting arbitration. If you'd like to be notified when we add new arbitration publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
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- 10 January 2012
Focus: Hong Kong enforces PRC 'med-arb' awardIn brief: Hong Kong's pro-enforcement approach to arbitral awards has been confirmed by a recent Court of Appeal decision. It overturns the lower court's order refusing to enforce a PRC arbitral award on the ground of apprehended bias due to the way a 'med-arb' process was conducted. Partner Mun Yeow and Senior Associate Morgana Brady report
- 30 November 2011
Focus: Arbitral award enforced against a company in administrationIn two recent related decisions, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration and allowed a plaintiff to enforce an arbitral award against the company. Partner Michael Quinlan, Special Counsel Nicola Nygh and Lawyer Jonathan Adamopoulos report
- 13 October 2011
Focus: New rules to streamline arbitration processNew International Chamber of Commerce Rules of Arbitration will streamline the arbitral process and aid its efficiency. The new rules also take into account the increasing complexity of arbitrations by better accommodating multiple parties and contracts. Partner Duncan Travis, Special Counsel Nicola Nygh and Law Graduate Edmund Robinson report
- 10 October 2011
Focus: High Court untangles the Gordian knotA recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan, Lawyer Mitch Riley and Paralegal Ashleigh Shand explain
- 06 October 2011
Client Update: Arbitration, religion and discriminationCould an arbitration agreement stipulate the religion of an arbitrator without breaching anti-discrimination laws? Partner Stephen McComish, Lawyer Kristian Maley and Law Graduate Samantha Lord report on an important decision of the UK Supreme Court that could have ramifications for businesses within our region
- 21 September 2011
Focus: Draft model proportionate liability legislation to reform systemMultiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation
- 15 September 2011
Focus: Enforcement of foreign arbitral awards in AustraliaThe Victorian Court of Appeal has clarified a number of important issues regarding the enforcement of foreign arbitral awards in Australia. Partner Peter O'Donahoo, Senior Associate Andrew Barraclough and Lawyer Tim Maxwell report
- 12 September 2011
Focus: Adjourning the enforcement of a foreign arbitral awardA recent Federal Court decision gives insight into the circumstances under which a court may adjourn the enforcement of a foreign arbitral award that is the subject of an appeal in the courts of the seat of the arbitration. Partner Nick Rudge, Special Counsel Nicola Nygh and Lawyer Tom Levi report on a case that deals with the uniformity of recognition and enforcement of foreign arbitral awards
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 19 July 2011
Audio: Will class action waivers be enforceable?A recent United States Supreme Court decision found that arbitration clauses with class action waivers can be used in standard form customer contracts. Partner Duncan Travis spoke to Boardroom Radio about the reasoning behind the decision and the possible implications for Australian businesses
- 08 July 2011
Focus: Arbitrability of insolvency related claims deniedThe Court of Appeal of Singapore recently upheld a High Court decision that insolvency related avoidance claims are not arbitrable, as they relate to a type of dispute that only the courts can resolve. Partner Matthew Skinner, Senior Associate Justin Simpkins and Lawyer Tom Levi report
- 07 July 2011
Focus: No default option to litigate in dispute resolution clauseA recent New South Wales Court of Appeal decision has continued the trend of interpreting alternative dispute resolution clauses consistently with commercial commonsense. Partner Brian Millar and Senior Associate Matthew Senescall report on the decision, and consider the lessons for parties interpreting existing dispute resolution procedures and negotiating those clauses in future contracts
- 29 June 2011
Focus: Absolute state immunity prevents enforcement in Hong KongHong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision
- 07 June 2011
Focus: Resurgence of dispute review boardsProponents of some recent landmark Australian infrastructure projects, such as the Gateway Upgrade in Queensland, the Harvey Dam in Western Australia, and the desalination plants in Adelaide and Sydney, have chosen to administer their contracts using dispute review boards, reflecting their success in avoiding disputes, or preventing disputes from escalating while construction works are in progress. Partner Brian Millar, Lawyer Michael Tollman and Law Graduate Tom Tian report on a growing trend
- 20 May 2011
Focus: International arbitration: dispute remains on Australian shoresThe Federal Court recently declined to stay or adjourn court proceedings in respect of a shipping dispute pending the outcome of related arbitration proceedings in Singapore. Partner Oscar Shub, Senior Associate Damian Watkin and Lawyer Tom Levi report on the decision in the context of international arbitration in Australia
- 30 March 2011
Client Update: Mandatory pre-litigation dispute resolution procedures in Federal and Victorian courtsThe Commonwealth and Victorian parliaments have recently enacted legislation concerning mandatory pre-litigation dispute resolution procedures. While the Commonwealth Parliament has mandated 'genuine steps' to resolve disputes, the Victorian Parliament has repealed the mandatory pre-litigation requirements prescribed by previous legislation (but it has given the courts the power to determine what pre-litigation requirements should be followed). Partner Andrew Maher and Senior Associate Eleanor Fletcher look at the differing approaches
- 08 March 2011
Focus: Federal Court confirms Australia's pro-arbitration policyThe Federal Court has confirmed that Australian courts will adopt a pro-arbitration approach in relation to the enforcement of foreign awards. Partner Stephen McComish and Lawyer Kristian Maley report
- 15 February 2011
Client Update: Pre-litigation requirements in Victoria's new Civil Procedure Act to be repealedPotential litigants in Victoria should be aware that the Victorian Government is taking steps to repeal the 'pre-litigation requirements' of the State's new Civil Procedure Act. Partner Andrew Maher and Senior Associate Matthew McCarthy report
- 16 November 2010
Focus: A 'first' under new commercial arbitration frameworkIn the first judicial consideration of the new commercial arbitration legislation, the NSW Supreme Court has found that a party lost its right to arbitrate by defending an application for an interlocutory injunction. Partner Brian Millar, Special Counsel Nicola Nygh and Law Graduate Alison Matthews comment on the decision
- 15 October 2010
Focus: Changing the way arbitration is conducted in NSWNew South Wales was the first state to enact model legislation after the Standing Committee of Attorneys-General agreed to adopt draft uniform legislation relating to domestic arbitration. The legislation recently commenced, and Partner Brian Millar, Special Counsel Nicola Nygh and Lawyer Tristan Garcia report on the implications for domestic arbitration
- 11 August 2010
Focus: The UNCITRAL Arbitration Rules 2010The United Nations Commission on International Trade Law has pre-released the updated UNCITRAL Arbitration Rules 2010. The new UNCITRAL Rules are an attempt to provide a more effective dispute resolution process in light of some pervasive issues that did not exist when the original rules were created in 1976. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the changes
- 03 August 2010
Focus: Arbitrability of insolvency related claimsIn a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 01 July 2010
Focus: International arbitration laws overhauledThe International Arbitration Amendment Act 2009 (Cth) has been passed by Federal Parliament, placing Australia at the forefront of international arbitration lawmaking. Special Counsel Nicola Nygh, Lawyer Dr Sam Luttrell and Law Graduate Alison Matthews report
- 22 June 2010
Audio: New international arbitration lawsFederal Parliament has passed amendments to the International Arbitration Act 1974 as part of a revamp of arbitration in Australia. Special Counsel Nicola Nygh speaks to Boardroom Radio about the changes introduced by these amendments and how the federal arbitration law will work with proposed amendments made at state level
- 07 June 2010
Client Update: Legislating 'genuine' attempts to resolve disputes before litigationRecently, the Federal Attorney-General announced that new legislation will be introduced into Parliament that will require disputing parties to take 'genuine steps' to attempt to resolve their differences before commencing litigation in federal courts and tribunals. Partner Andrew Maher and Law Graduate Cara Stevens report.
- 13 May 2010
Focus: New uniform state arbitration laws to be adoptedThe Standing Committee of Attorneys-General has agreed to adopt a new model commercial arbitration Bill based on the Model Law on International Commercial Arbitration. This will fundamentally change the way arbitrations are conducted by parties and supervised by state courts. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report
- 05 May 2010
Focus: The obligation of an arbitrator to give reasonshe Supreme Courts of Victoria and Queensland have handed down decisions that seek to provide clarification on the extent of reasons required in an award issued under the State Commercial Arbitration Acts. Partner Nick Rudge and Lawyer Cameron Miles analyse these decisions
- 29 March 2010
Focus: 'Urgent relief' from the court under an arbitration agreementA Victorian Court of Appeal decision, which granted a stay of court proceedings so that a dispute could be referred to arbitration, has provided further support for the view that Australia is an 'arbitration friendly' jurisdiction. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyers Sam Luttrell and Mark Hare report.
- 02 March 2010
Focus: ICSID arbitrator disqualified for comments in mediaThe Permanent Court of Arbitration at The Hague recently upheld a challenge that a state-respondent had brought against a leading arbitrator, holding that comments the arbitrator had made to the media gave rise to doubts regarding his impartiality or independence. Partner Matt Skinner, Research Assistant James Pearse and Lawyer Dr Sam Luttrell report
- 16 December 2009
Client Update: Legislative amendments to support international arbitration in AustraliaAmendments to clarify the operation of the International Arbitration Act 1974 and support the practice of international arbitration in Australia have been introduced into Federal Parliament. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell look at the amending legislation
- 14 December 2009
Focus: New commercial arbitration Acts for the statesThe Standing Committee of Attorneys General has released a consultation draft of the Commercial Arbitration Bill 2009. The proposed new State Commercial Arbitration Acts will be based on the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration 1985, with certain additional provisions intended to clarify the operation of the law and support the practice of arbitration in Australia. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the Bill.
- 04 December 2009
Focus: Abuse of process in investment treaty arbitrationA recent decision of an arbitral Tribunal convened under the auspices of the International Centre for the Settlement of Investment Disputes contributes to the emerging notion of abuse of process in the jurisprudence of investment treaty arbitration. This line of authority has implications for treaty shoppers, insofar as it may limit investors' ability to change or acquire nationality for the purposes of Bilateral Investment Treaty claims by selling or assigning their claims to entities incorporated in other countries. Partner Stephen McComish and Lawyer Dr Sam Luttrell report
- 03 December 2009
Audio: Enforcing contracts in DubaiRecent announcements has led doubts to how foreign investors with exposure to Dubai can enforce their contractual rights. Partner Matthew Skinner speaks to Boardroom Radio about the impact of these announcements on foreign investors
- 02 December 2009
Client Update: Enforcement of contractual rights in DubaiLast week's announcement that a Dubai state trading entity, Dubai World, would suspend debt repayments for six months has raised the possibility of a significant sovereign default. Many foreign investors with exposure in Dubai are now asking how they can enforce their contractual rights in the troubled emirate. Partner Stephen McComish and Lawyer Dr Sam Luttrell report on the options available
- 30 October 2009
Focus: Federal Court becomes 'one stop shop' for international arbitrationA Bill passed by the Senate this week will give the Federal Court concurrent jurisdiction with state and territory Supreme Courts in international arbitration matters. Partner Stephen McComish and Lawyer Dr Sam Luttrell report
- 01 October 2009
Focus: NSW Supreme Court declines to intervene in arbitral awardsIn two recent decisions, the NSW Supreme Court has declined to intervene in determinations made by arbitrators. In Yang v S & L Consulting, the court enforced a Chinese arbitral award under the International Arbitration Act 1974, despite opposition by the award debtor that to do so would be contrary to public policy. In Goodman Holdings v Hughes, the court refused leave to appeal from a domestic arbitral award on the grounds of manifest error of law or technical misconduct of the arbitrator under the Commercial Arbitration Act 1984. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyer Tom Randall report
- 15 June 2009
Focus: Nationality planning and foreign investment risk managementSpecial Counsel Gordon Smith, Partner Stephen McComish, Lawyer Sam Luttrell and Law Graduate Caroline Spencer report on the significance of 'nationality planning' in connection with bilateral investment treaties in order to maximise foreign investors' rights in Asia
- 07 May 2009
Focus: New commercial arbitration legislation for the statesThe state and territory Attorneys-General have agreed to draft new uniform state Commercial Arbitration Acts based on the UNCITRAL Model Law on International Commercial Arbitration. Special Counsel Nicola Nygh and Lawyer Sam Luttrell report
- 02 March 2009
Focus: ASEAN-Australia-New Zealand Free Trade AreaOn 27 February 2009, the trade ministers of all ten ASEAN members, Australia and New Zealand signed the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (to be referred to by the somewhat unwieldy acronym AANZFTA). One of our South East Asia-based partners, Marcus Clark, was at the signing as a delegate of the Australia-ASEAN Business Council and reports on the implications of this important trade initiative
- 02 December 2008
Focus: ArbitrationPartner Andrea Martignoni, Special Counsel Nicola Nygh and lawyer Anna Brown comment on the recent announcement made by the Attorney-General regarding the review of the International Arbitration Act 1974 (Cth) and the promising signs of reform in the arena of international arbitration
- 25 August 2008
Focus: Litigation & Dispute ResolutionThe Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications.
- 17 July 2008
Focus: ArbitrationThe Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications
- 31 March 2008
Focus: ArbitrationThe Hong Kong Department of Justice recently released its consultation paper and draft legislation for reforming Hong Kong's arbitration law. Partner Simon McConnell and Lawyer Kieran Humphrey discuss the background and likely impact of these reforms.
- 12 December 2007
Focus: ArbitrationSpecial Counsel Nicola Nygh and Lawyer Anna Brown comment on a recent Victorian Court of Appeal decision regarding the adequacy of reasons given in an arbitral award and the implications for parties in their choice of arbitral law and the exercise of appeal rights
- 27 August 2007
Focus: International ArbitrationPartner Andrea Martignoni and Special Counsel Nicola Nygh explore whether parties to an arbitration can exclude the Trade Practices Act 1974 (Cth) by including an arbitration clause and a foreign choice of law provision in contracts
- 10 August 2007
Focus: ArbitrationSenior Associate Brian Millar and Lawyer Jeremy Sher explain the new Singapore International Arbitration Centre Rules, which came into effect on 1 July 2007
- 29 August 2006
Focus: ArbitrationWe review some of the important local, regional and international arbitration cases
- 17 November 2005
Focus: ArbitrationWelcome to Allens Arthur Robinson's inaugural round-up of arbitration issues in Australia and the Asia Pacific region
- 17 May 2004
Focus: ArbitrationAlthough courts have traditionally been reluctant to interfere with arbitral proceedings, they can intervene by ordering claimants to pay security for costs where arbitral rules normally do not permit such an order. Senior Associate Lucas Shipway outlines the English experience and examines whether Australian courts will follow a similar path
- 15 September 2003
Focus: ArbitrationA recent ruling by the Supreme Court of Western Australia in Lamac Developments Pty Ltd v Devaugh Pty Ltd means that, consistent with the policy of a uniform platform for arbitration in Australia, WA is now in line with the other Australian states. Senior Associate Simon Davis and Law Graduate Bronwyn Byrnes look at the Lamac decision and what it means
