Investment treaty arbitration is being increasingly used by investors to protect their international investments. To encourage investment between the contracting states, an investment treaty will commonly confer certain minimum levels of protection on investors from one state with respect to their investments in the other. These protections are typically enforceable by the investor directly against the state party through investment arbitration. Earlier this year, Ashurst  updated you on recent investment treaty developments in Australia (available here: https://disputescentre.com.au/recent-investment-arbitration-developments-australia/). More recently, the [...]

Case note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206   Summary In the recent decision in Fitzpatrick v Emerald Grain Pty Ltd, Martin CJ of the Supreme Court of Western Australia considered whether the choice by the parties of specialist arbitration rules relating to grain sale disputes limited the scope of disputes that are captured by the arbitration clause. On this issue, the Court held that the parties' choice of specialist arbitration rules did not limit the scope [...]

A guide to eTrials In the digital age, the volume of material before the court is growing and creating new document management challenges. Advances in technology have streamlined the trial process, while fostering the growth of intuitive and efficient work processes. Some courts such as the Land and Environment Court of NSW have embraced the potential of paperless hearings to save time and cost. Service providers, such as DTI’s NuLegal team, have developed eTrial services to support hearings both large [...]

In Hui v Esposito, Justice Beach of the Federal Court of Australia set aside a partial award in an international arbitration and removed the arbitrator on the grounds of procedural unfairness and bias. This case modifies Australian law on arbitrator bias and serves as a reminder of the risks of preliminary hearings in international arbitrations. Read Full Article HERE Author: Horace Ng  

Advancing Australia’s expertise and helping to build networks of influence are central to ADC’s role in the ADR industry. In September, it was ADC’s honour to welcome senior delegates from China, representing 25 law societies from across the country. Presenting in Mandarin, ADC’s Cindy Wong opened the evening with a presentation on the current legal infrastructure and background of ADR in Australia, including the functions and role of the Australian Disputes Centre and the Australian Centre for International [...]

On Monday 25 September 2017 Sydney University hosted His Excellency Justice James Crawford AC SC FBA of the International Court of Justice to deliver an insightful talk on “International Court of Justice – A Progress Report”. His Excellency gave an overview of the Court, current and pending cases and prospects for the future. Short Biography James Crawford is only the second Australian to hold the prestigious position as a Justice of the ICJ, following in the footsteps of Sir Percy [...]