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Australian court sets a high bar for challenges to arbitrators
The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …
Ensure Smooth Sailing: Seeking a Subpoena in support of Arbitration
A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration (ACICA) has unveiled revised Arbitration Rules due to enter into force in April 2021. As …
Arbitration is on the rise in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report …
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report (Report). …
International Arbitration in Australia in 2020 – state of play
We round up key developments in the increasingly eventful Australian arbitration sphere, including recent judgments and Covid-19's impact on hearings. In …
Protecting against wrongful state actions: structuring investments to allow a real possibility of recourse
Mining companies are no strangers to risky environments and threats of political upheaval. In an era of growing resource nationalism and increased …
'Broad, liberal and flexible': Australian courts on arbitration deals
The recent Fitzpatrick v Emerald Grain Pty ruling confirms the Australian courts' liberal approach to language in arbitration agreements.The decision …
Investment treaty protection: A Whistlestop Tour
In 2016, it is difficult for mining companies to ignore the importance of the protections that bilateral and multilateral investment treaties ("BITs") …
ASX Consultation Paper new admission requirements for listed entities
We have reviewed ASX's consultation paper and summarised the proposed changes to its requirements for admission to the ASX official list.In brief ASX …
TPP impact: Mining
As a sector heavily reliant on regional and international trade, the mining sector is anticipated to be substantially impacted by the Trans-Pacific …
Trans-Pacific Partnership full text
On 5 November 2015 the full text of the Trans-Pacific Partnership – agreed on 5 October 2015 – was publicly released. The text includes 30 chapters, plus …
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