Arbitration Links - Linklaters
  • Jurisdiction: Australia

The Conclusion of the Phillip Morris v Australia Saga

03 August 2017 Alexander Fawke, Australia

Tags

The long-running investment treaty dispute between Phillip Morris Asia (“PMA”) and Australia concerning tobacco plain packaging laws has finally ended, with the publication of the Tribunal’s final award on costs in July. Having already dismissed Phillip Morris’ claim as an abuse of rights, the Tribunal rejected its argument that each party should bear its own costs. It ordered Phillip Morris to cover an (undisclosed) proportion of Australia’s costs, while agreeing that Australia should bear some of its own costs due to one of its arguments on jurisdiction failing. The Tribunal’s reasoning contains important lessons for both investors and states as to the extent of permissible costs recovery in investment arbitration.

View full article

A Harmonious Australian Arbitration Framework: The ACT Adopts the Model Law

01 June 2017 Alexander Fawke, Asia-Pacific; Australia

Tags

On 21 March 2017, the Australian Capital Territory (the “ACT”) passed the Commercial Arbitration Act 2017 (ACT) (the “Act”), which essentially adopts the UNCITRAL Model Law (inclusive of the 2006 amendments) (the “Model Law”). The Act means that all arbitrations seated in Australia will now be subject to the Model Law, as the same legislation has been adopted in all other States and Territories, as well as by the Federal Parliament. This development strengthens Australia’s position as an attractive seat for arbitration.

View full article

Investment Arbitration in Australia: an update

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

Tags

The past year has seen a number of major developments in international arbitration in Australia, including the conclusion of new trade deals and the long-running Phillip Morris investment arbitration. This article surveys the most important changes in case law, legislation, investor-state dispute resolution and local arbitral institutions in the past year.

View full article

International commercial arbitration in Australia: recent developments

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

Tags

Australia’s body of arbitration case law continued to grow in the past year, with increasing breadth and sophistication. Key cases covered the public policy ground for resisting enforcement; the appropriateness of awarding costs on the indemnity basis when an application to resist enforcement is refused; and non-signatories to arbitration agreements.

View full article

This site uses cookies, if you continue without changing your settings, we'll assume that you are happy to receive all cookies. Click here to learn how to change your cookie settings.

Continue