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The High Court of Australia’s ruling in CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 marks a significant development in the jurisprudence surrounding the finality of arbitral awards and the extent to which courts can intervene in arbitral proceedings. This decision centers on whether an arbitral tribunal, after issuing an interim […]

In the recent decision of Carlisle Homes Pty Ltd v Schiavello Construction (Vic) Pty Ltd [2024] VSC 283, Justice Croft of the Supreme Court of Victoria has provided a critical judgment that underscores the principles governing the issuance of subpoenas in the context of commercial arbitration. This ruling, delivered on May 31, 2024, is a

Brief In the pivotal case of Icon Si (Aust) Pty Ltd v Australian Nuclear Science and Technology Organisation [2024] NSWSC 324, the Supreme Court of New South Wales rendered a decision that emphatically underscores the judiciary’s commitment to enforcing arbitration clauses within commercial contracts. The case arose from a dispute concerning a construction contract for

Introduction to the Dispute In the case of Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4, the High Court of Australia delivered a judgment that underscores the robustness of arbitration agreements in international commercial contracts, even when faced with statutory provisions aimed at protecting domestic legal standards.

  In the realm of arbitration, the delicate balance between finality and fairness often finds itself at the heart of appellate scrutiny. The recent judgment from the Victorian Supreme Court in Factory X Pty Ltd v Gorman Services Pty Ltd unveils yet another layer of this intricate interplay, particularly focusing on the threshold for leave

  Introduction The issue of confidentiality in arbitration proceedings has been a subject of considerable debate and judicial scrutiny. The recent case of Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [2023] WASC 285 issued on 31 July 2023 in the Supreme Court of Western Australia provides a compelling backdrop to explore this complex

  In the intricate matrix of cross-border legal risks, Australian enterprises are met with the most acute and perturbing challenges when they encounter situations such as insolvency, litigation, or arbitration with an international facet. However, these situations represent but a minute fraction of the total scenarios. A minuscule number of disputes possess the fortitude to

David Cosgrave, Of Counsel in Australia at the law firm Wasel & Wasel, is no stranger to navigating the complex and ever-evolving legal landscape. With years of experience serving as a General Counsel (GC), he understands the unique challenges and demands of the role. In a recent interview on The Corporate Counsel Show, Cosgrave shared

  The Austroads and the Australasian Procurement and Construction Council (APCC) published in 2014 the Building and Construction Procurement Guide – Principles and Options, which outlines the various standard forms of contracts for different delivery models, as well as the dispute resolution procedures available. The most commonly used standard form of contract for major works

  Overview In January 2023, the Foreign Investment Review Board issued a series of guidance notes to assist investors and stakeholders in their engagement with foreign investments in Australia. As a foreign investor, it is crucial to understand the intricacies of the Australian Foreign Acquisitions and Takeovers Act 1975, which requires foreign persons seeking to