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Results: 1-10 of 15

General Counsel Update - November 2013 - A summary of major developments in key areas

  • Herbert Smith Freehills LLP
  • -
  • Australia, Indonesia, United Kingdom
  • -
  • November 29 2013

A round up of key legal and regulatory developments

“Without prejudice” privilege can false and misleading representations made during mediation negotiations be admissible in evidence?

  • Piper Alderman
  • -
  • Australia
  • -
  • May 17 2011

In the course of a mediation, “without prejudice” privilege generally attaches to discussions regarding settlement and documents prepared in aid of settlement

Developments in agreements to negotiate in good faith

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • January 15 2010

In our January 2005 newsletter, we compared the English, New York, Indonesian and French approaches to the obligation to negotiate in good faith

A right to some leisurely expanse of time to think up and develop points in arbitral proceedings?

  • Corrs Chambers Westgarth
  • -
  • Australia
  • -
  • November 29 2013

In the recent decision of Gujarat NRE Coke Limited v Coeclerici Asia (Pte) Ltd 2013 FCAFC 109, the Full Court of the Federal Court of Australia

Supreme Court of New South Wales considers the procedural discretion of independent experts in McGrath v McGrath

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 24 2012

This case emphasises that independent experts are not subject to the same procedural fairness standards that govern court proceedings and arbitration, and that a claim of bias requires actual (and not just apprehended) bias

Plenary Research Pty Ltd v Biosciences Research Centre Pty Ltd 2013 VSCA 217

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • March 24 2014

In this case, the Victorian Court of Appeal considered an ambiguous commercial contractual dispute referral regime which contemplated both expert

Foreign bidders in schemes: risks for target shareholders

  • Herbert Smith Freehills LLP
  • -
  • Australia, Russia
  • -
  • July 3 2012

The Flinders Mines scheme illustrates the risk for target shareholders when a bidder cannot, or will not, proceed with the scheme

International Regulatory Update 23-27 September 2013

  • Clifford Chance LLP
  • -
  • Australia, China, European Union, Germany, Global, Guernsey, Hong Kong, Japan, Luxembourg, Netherlands, New Zealand, Russia, Singapore, South Korea, United Kingdom, USA
  • -
  • October 1 2013

The UK government has launched a legal challenge with the European Courts of Justice (ECJ) on the remuneration provisions under the Capital

Is your dispute "capable of settlement by arbitration"?

  • Clayton Utz
  • -
  • Australia
  • -
  • October 11 2012

A "matter" can comprise claims for statutory damages for alleged breaches of various provisions of Australian legislation

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