This article discusses a recent Australian court decision in which the court made a preemptive declaration as to arbitral jurisdiction in respect of an arbitration seated in Singapore. The author interprets this decision as failing to recognise the negative effect of the competence-competence...

This article discusses the use of ‘stop clock' or ‘chess clock' oral hearing procedures in both domestic and international arbitrations and gives practical advice on the planning and preparation of such procedures

An arbitration takes place between A and B in London. There are parallel court proceedings in Australia between A and C in which B's liability to A is relevant. To what extent can A and C rely on, or be bound by, the arbitrator's findings? The High Court of Australia has recently articulated the...

One of the major developments in international law in the past century has been the rapid expansion of foreign investment law. Historically, investors had few effective legal mechanisms to protect their property in a foreign state. This changed in the 20th century with the proliferation of...

The arbitral legislative regime in Australia has recently undergone substantial reform with a view to positioning Australia as a hub for dispute resolution in the Asia-Pacific region. Underlying both the domestic and international arbitration regimes is the UNCITRAL Model Law It is universally...

This annual article updates readers on the most important developments in international arbitration in Australia in the past year. It surveys legislative, case law and other developments since 1 September 2012

The introduction of the Civil Procedural Act 2010 (Vic) has effected cultural change in many aspects of civil litigation in Victoria. One important reform is Pt 4.6, which deals with expert evidence. Since its introduction, Victorian courts have looked afresh at the appropriate use of expert...

Australia's apex court, the High Court of Australia, has recently rejected a constitutional challenge to Australia's adoption of the UNICITRAL Model Law on International Commercial Arbitration in Australia's International Arbitration Act. In so doing, it has provided useful guidance on the...

Part 2F.1A of the Corporations Act 2001 (Cth) provides for a statutory derivative action in Australia. Section 242 gives power to the court to make costs orders for derivative proceedings commenced with leave of the court under s 237. The manner in which courts deal with issues of costs impacts...

This annual article updates readers on the most important developments in international arbitration in Australia in the past year. It surveys legislative, case law and other developments since 1 September 2013