Arbitration Links - Linklaters
  • Author: Nick Rudge

Interim relief available from Australian Courts in disputes subject to arbitration

02 May 2018 Nick Rudge; Hilary Birks; Jamil Diu, Australia; Singapore

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In an unanimous decision, the New South Wales Court of Appeal in Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291 (“Kawasaki v LORAC”) has upheld an order for an interlocutory injunction against the appellant, subject to an order made by an arbitral tribunal (that had not yet been constituted). Both parties had agreed to have all disputes except interlocutory relief determined by international arbitration with seat in Singapore pursuant to the ICC Rules and governed by Singapore law. Allens Partner Nick Rudge, Managing Associate Hilary Birks and Lawyer Jamil Diu report.

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Subpoenas under the Australian IAA: foreign-seated arbitrations need not apply

15 November 2017 Nick Rudge; Caroline Swartz-Zern, Australia

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A recent Federal Court of Australia decision suggests a narrow approach to judicial support of international arbitrations, limiting access to evidence located in Australia for parties of foreign-seated arbitrations.

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