by Joshua Banks & Dr Sam Luttrell, Clifford Chance, Perth In a recent decision,1 the Federal Court of Australia granted enforcement of an arbitral award issued by the Beijing Arbitration Commission for over AUD 40 million plus interest, pursuant to section 8(3) if the International Arbitration Act 1974 (Cth) (the IAA). The respondent (one of the award debtors) sought to oppose the enforcement on grounds that enforcement of the award would [...]

Allen & Overy Dispute arises in relation to the inspection of records The plaintiff, Power and Water Corporation (PWC), is a corporation owned by the Northern Territory Government. PWC was party to a Gas Sale Agreement (GSA) with the defendant, Eni Australia B.V. (Eni), a registered foreign company conducting business in Australia. Under the GSA, Eni agreed to sell gas to PWC in the amounts nominated by PWC. Where the supply of [...]

DLA Piper by Gitanjali Bajaj, Gigi Lockhart & Mri Shankarla – DLA Piper, Sydney   Introduction Historically overshadowed by arbitration, mediation appears to be catching-up as a popular and sometimes even mandatory step in cascading dispute resolution clauses. The historical role of mediation, particularly in complex, cross-border contracts is typically characterised as a largely informal and in many cases, ad-hoc process.  If the process was contractually prescribed, it [...]

Allen & Overy The Western Australian Court of Appeal has granted an application to set aside an arbitral award which allowed the claimant to plead a new case on a matter already decided. This was on the basis that the tribunal was functus officio and so lacked jurisdiction to do so. Dispute arises in relation to claims of functus officio and issue estoppel The appellants (the Contractors) entered into a joint venture [...]