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Anticipated arbitration reforms in Australia

Australia, Global - April 25 2017 The Australian International Arbitration Act 1974 (Cth) (Act) applies to all international arbitration proceedings in Australia. The Civil Law and...

Mitchell Dearness, Colin Ballantine, Anne Hoffmann.

ICSID issues first award involving China as Respondent, finding in host state’s favour

China, Global - March 29 2017 In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims...

Laurence Shore, May Tai, Peter Chen, Jessica Fei.

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

Australia - March 16 2017 In Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd 2017 VSC 97, Croft J of the Victorian Supreme Court confirmed that a party is not required...

Chad Catterwell, Leon Chung.

Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet

Argentina, Ecuador, Global - March 14 2017 Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in...

Christian Leathley, Emmanuelle Cabrol, Mike McClure, Laurence Shore, Justin D'Agostino, Dominic Roughton, May Tai, Patricia Nacimiento.

Australian Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

Australia, USA - February 6 2017 On 25 January 2017, the Full Federal Court of Australia (FCA) dismissed Trina Solar US, Inc.'s (Trina) appeal from an earlier decision of the FCA not...

Colin Ballantine, Anne Hoffmann.