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Can you enforce your dispute resolution clause

  • Sparke Helmore Lawyers
  • -
  • Australia
  • -
  • March 6 2014

The Victorian Supreme Court decision of WTE Co-Generation & Anor V RCR Energy Pty Ltd & Anor held that the dispute resolution clause in many standard

Supreme Court of Victoria finds a dispute resolution clause to be uncertain and unenforceable in WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 29 2013

A dispute resolution clause which provided for the parties to "meet to attempt to resolve the dispute or to agree on methods of doing so" was just an

Australian companies’ use of bilateral investment treaties to protect foreign investments on the increase

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • January 23 2013

Bilateral Investment Treaties often provide the most favourable recourse to an investor whose foreign investment has been effected by the actions of

When does ‘may’ mean ‘must’ in a dispute resolution clause?

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • August 2 2012

The recent decision of Corboy J in Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd 2012 WASC 228 highlights the need for parties to be precise when drafting dispute resolution clauses to ensure certainty, as well as safeguarding the parties’ ability to enforce the dispute resolution clause in the event of a dispute

Protecting your investments in foreign courtsan australian mining company secures bilateral investment treaty remedy for local court delays

  • Herbert Smith Freehills LLP
  • -
  • Australia, India
  • -
  • March 5 2012

Australian mining company White Industries Australia Limited (White) has successfully brought a claim under the Australia-India bilateral investment treaty (BIT) seeking a remedy following a nine year delay by India’s courts

Enforcing arbitral awards against non-parties to an arbitration agreement

  • Clayton Utz
  • -
  • Australia
  • -
  • February 25 2011

Courts will enforce an arbitral award even against a non-party to the arbitration agreement