Commercial arbitration is an alternative way of solving the patrimonial disputes (which can be estimated in money) stemming from acts and deeds of trade. The disputes are assigned to be solved, according to the agreement between the parties, to arbitrators chosen by the parties, whose task is to...

Since the Argentine financial crisis of 2001-2002, bilateral investment treaties (“BITs”) have increasingly come under the spotlight as a means by which foreign investors can enforce their rights against the host State of their investment. These rights come in the form of various substantive...

This paper addresses treaty-based investor-state arbitration (ISA) and other forms of investor-state dispute settlement. The topic has become particularly controversial for Australia, given its ongoing Free Trade Agreement negotiations with Japan – which is also considering joining...

This article considers the approaches to the remedies which are available to minority shareholders for conduct by the majority alleged to be oppressive, unfairly prejudicial or discriminatory. In doing so it focuses, inter alia, on the statutory provisions now contained in sections 232-3 of the...

Bilateral and regional trade and investment treaties (‘FTAs' and ‘BITs') have proliferated in the Asia-Pacific region, along with double-tax treaties (‘DTTs'). But countries like Australia have recently become more concerned about FTAs and BITs. This article examines processes that states...

Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

A question periodically arises in the context of both international and domestic commercial arbitration, as to whether a court should stay or alternatively refuse to stay proceedings in the court in order to avoid or minimise a multiplicity of proceedings – arbitral and curial – focusing on...

Treaty-based investor-state arbitration (ISA) has gradually become a more established part of the legal landscape in the Asian region. But this development is threatened by the “Gillard Government Trade Policy Statement” announced in April 2011. One interpretation is that the Australian...