International Arbitration

In Australia, the International Arbitration Act 1974 (Cth) (IAA) governs international arbitral proceedings in Australia, and the enforcement of foreign arbitral awards in Australian courts. The New York and Washington Conventions, applicable to international commercial and investor-state arbitrations respectively, form part of the IAA, as does the UNCITRAL Model Law on International Commercial Arbitration.

 


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Choice of Law – Angus Macinnis and Gianluca Rossi

16 September 2019

Australian courts (and many Australian lawyers) are yet to grapple with an issue affecting the resolution of disputes by international commercial arbitration; namely, what is the governing law of the arbitration agreement when the parties do not expressly choose one?

Case Note: UDP Holdings Pty Ltd v Esposito Holdings Pty Ltd

15 April 2019

In a recent judgment handed down on 15 June 2018, Croft J of the Victorian Supreme Court granted an application made under s 23 of the International Arbitration Act 1974 (Cth) (Act) for the issue of subpoenas for the cross-examination of two persons not party to the arbitration proceedings.

Case Note: Rinehart v Hancock Prospecting Pty Ltd

15 April 2019

In November 2018 the High Court of Australia heard the matter of Rinehart v Hancock Prospecting Pty Ltd, a case that is likely to have wide-reaching implications for the interpretation of arbitration agreements in Australia.


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