An Australian court finds that an arbitration clause providing that “disputes or differences arising between the Parties” merited a liberal construction, and encompassed claims for relief based on estoppel by convention or statutory unconscionable conduct under the Australian Consumer Law.
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.
Albert Monichino QC deals with the Australian approach to the ability of third parties to claim ‘through or under’ an arbitration agreement, concluding that the dissenting approach in Reinhart, which respects privity of contract, is to be preferred.
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.Continue Reading
The High Court rules on Glencore’s application for an injunction to restrain the use of privileged documents that the tax authorities became aware of via the “Paradise Papers” leak.Continue Reading
Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was “incapable of being performed”.Continue Reading
An interesting array of legal developments this month including the Hong Kong court’s refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.Continue Reading
Corrs Chambers Westgarth review the West Australian Supreme Court’s decision in KC Australia LNG Pty …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s decision in Lahoud v The Democratic …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s decisions in Hui v Esposito Holdings …Continue Reading
Herbert Smith Freehills review the July 2017 decision from the Beijing No. 4 Intermediate People’s …Continue Reading
Minter Ellison review the 2017 decision from Queensland in Mango Boulevard Pty Ltd v Mio …Continue Reading
Herbert Smith Freehills review the proposed 2017 amendments to the Australian International Arbitration Act 1974 …Continue Reading
Herbert Smith Freehills review the Victorian Supreme Court’s 2017 decision in Blanalko Pty Ltd v …Continue Reading
Herbert Smith Freehills review the February 2017 decision of the Full Federal Court of Australia …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s 2016 decision in WDR Delaware Corporation …Continue Reading
King & Wood Mallesons review the interplay between the insolvency regimes in Australia and the …Continue Reading
King & Wood Mallesons review two cases – Ye v Zeng  FCA 1192 and …Continue Reading
Minter Ellison review the Federal Court of Australia’s decision in Ultrapetrol SA v Jindal Steel …Continue Reading