by Xiner (Philippa) Hu, UNSW JD Student and ADC Intern This article was first published in the LexisNexis ADRB, Issue 1, Volume 7 (November 2022). As Korea’s economic success story “miracle on the Han River” spread, it has simultaneously developed into a global innovation leader in the tech industry. Both feats, in less than half a century. Its alternative dispute resolution (ADR) techniques were, and continue to be, effective in facilitating cross-jurisdictional trade and commercial growth. This discusses critical [...]

by Joshua Banks & Dr Sam Luttrell, Clifford Chance, Perth In a recent decision,[1] the Supreme Court of Western Australia dismissed an application to remove an arbitrator pursuant to s 13(4) of the Commercial Arbitration Act 2012 (WA) (CAA) (the Application). This decision confirms that the legislation left no room for the 'reasonable apprehension of bias' test under the CAA. The same test was considered earlier in 2022 by Ball J [...]

By Samridhi Shrimali and Alay Raje Introduction Recent years have seen the rapid escalation of complex commercial investments, transactions, and volatile economic growth at a global level. Accordingly, the efficacy of dispute resolution mechanisms is ever more important. To facilitate this efficacy, however, is challenging when two legislative frameworks intersect, namely the laws of insolvency and arbitration.  To an extent, insolvency law has a centralised, formalistic mechanism and requires consolidation of all the claims and disputes concerning the debtor.[1] [...]