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Results: 1-10 of 44

Playing by the rules dispute resolution clauses to be strictly enforced

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 21 2009

The age old proclamation "we’ll see you in court" has been limited by the recent Victorian Supreme Court decision of 1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd 2009 VSC 226

The alternative dispute resolution landscape

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • June 30 2010

Alternative Dispute Resolution (ADR) is an umbrella term for processes, other than judicial determination, in which an impartial third party assists those in a dispute to resolve the issues between them

Enforceability of dispute resolution clauses agreements to negotiate in good faith

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 21 2009

The decision of the NSW Court of Appeal in United Group Rail Services Limited v Rail Corporation of New South Wales 2009 NSWCA 177 has clarified the validity of dispute resolution clauses requiring contractual parties to negotiate in good faith to resolve disputes

Current trends in dispute resolution: what to expect

  • Norton Rose Australia
  • -
  • Australia
  • -
  • October 12 2012

In April this year, Norton Rose Australia undertook a survey to identify the current trends in dispute resolution amongst Australian Government agencies

London arbitration clauses no longer valid

  • Norton Rose Australia
  • -
  • Australia
  • -
  • September 13 2012

Dampskibsselskabet Norden AS, (Owners), entered into a voyage charterparty with Beach Building and Construction Group (of which Bowen Basin Coal Group forms a part), Australia, (the Charterers), dated 6 October 2009 (Charterparty) for the carriage of coal from Australia to China

Australia's position as an international arbitration centre to be enhanced

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • December 17 2009

The Australian position in relation to international arbitration has always been complicated by virtue of its federal system of laws which allows parties to choose to resolve their dispute "under arbitral laws other than in accordance with the internationally accepted Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL

In what circumstances will a party be unable to enforce a settlement agreement negotiated during mediation?

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 21 2009

The recent Federal Court case of Worldwide Timber Traders Pty Ltd v Brouwer (No 2) 2009 FCA 447 examined the ability of parties to enforce a settlement agreement negotiated during mediation

Preparing for modern awards

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 2 2009

Employment relationships are set to change with the introduction of the Fair Work Act 2009

Australia's position as an international arbitration centre to be enhanced

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • December 17 2009

The Australian position in relation to international arbitration has always been complicated by virtue of its federal system of laws which allows parties to choose to resolve their dispute under arbitral laws other than in accordance with the internationally accepted Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL

To command or to serve?

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • October 31 2009

Leave to appeal was sought from an Arbitrator’s decision in the Workers Compensation Commission (Commission) by the appellant, Mr Lawrence-Plant (Appellant

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