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East Timor resumes CMTAS arbitration against Australia
  • Baker & McKenzie
  • Australia, East Timor
  • July 1 2015

The Timor-Leste v Australia case in the International Court of Justice (ICJ) was officially discontinued on 11 June 2015. East Timor has stated it

Enforceability of ‘good faith’ clause in MOU for gas sales agreement
  • Johnson Winter & Slattery
  • Australia
  • February 28 2015

This case highlights the risks of relying on clauses which provide that parties will negotiate in good faith or use reasonable endeavours to

General counsel update September 2014
  • Herbert Smith Freehills LLP
  • Russia, United Kingdom, USA, Australia, China, European Union, Hong Kong
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

WA Supreme Court awards indemnity costs for breach of agreement to arbitrate
  • Rockwell Olivier
  • Australia
  • August 7 2014

The message is clear - a party who commences legal proceedings in breach of a contractual obligation to refer a dispute to arbitration is likely to

A summary of major developments in key areas - general counsel update - July 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Hong Kong, United Kingdom
  • July 15 2014

Legislation, in the form of a Regulation and Directive, has been published in the Official Journal of the European Union which will substantially

A summary of major developments in key areas - General Counsel update - May 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Germany, United Kingdom
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political

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