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Kevin Elbert (TSMP Law Corporation)
The Indonesia-Australia Comprehensive Economic Partnership Agreement: the Good, the Not-So-Good and the In-Between  
April 27, 2019

The signing of the Indonesia-Australia Comprehensive Economic Partnership Agreement ("IACEPA") on 4 March 2019 marked an important milestone for both States (as covered in a post earlier this week).…

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Esmé Shirlow (Australian National University)
The Indonesia-Australia Comprehensive Economic Partnership Agreement: Repeated Debates, New Issues and Open Questions
April 24, 2019

Last month, Australia and Indonesia signed the Indonesia-Australia Comprehensive Economic Partnership Agreement (‘IA-CEPA’), containing in Chapter 14 provisions related to the protection of foreign…

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Cameron Ford (Squire Patton Boggs), Andrew Foo (Clifford Chance Asia)
Approaches to Arbitration in Australia and Singapore
March 03, 2019

The different approaches to arbitration between courts in Australia and Singapore have been illustrated in two cases in the last 2 years – KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd…

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Esmé Shirlow (Australian National University)
2018 in Review: Australia and New Zealand
January 21, 2019

Last year was a busy one for arbitration practitioners in Australia and New Zealand, and 2019 looks set to be even busier. In 2018, both countries initiated a range of arbitration reforms,…

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Luke Nottage (University of Sydney & Williams Trade Law), Nobumichi Teramura (Universiti Brunei Darussalam & University of Sydney)
Australia’s (In)Capacity in International Commercial Arbitration
September 20, 2018

With some fanfare, on the sidelines of the ICCA Congress hosted in Sydney over 15-18 April, the Australian Trade and Investment Commission (Austrade) unveiled a glossy brochure entitled “Australia’s…

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Michael Pryles, Imogen Kenny (Herbert Smith Freehills LLP)
Confidentiality in International Commercial Arbitration: Does Australia Meet International Expectations?
August 25, 2018

Australia has been known for taking a somewhat controversial approach to the confidentiality of arbitral proceedings. However, the legislature, to the international arbitration community’s sigh of…

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Amokura Kawharu (University of Auckland), Luke Nottage (University of Sydney & Williams Trade Law)
NZ Renounces ISDS: Deja Vu?
December 06, 2017

New Zealand now officially opposes investor-state dispute settlement (ISDS), thanks to the election of a new centre-left Labour-led coalition government that took office in October 2017. In a post-…

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Jonathan Mackojc (Corrs Chambers Westgarth) for Young ICCA
Moving Beyond Rhetoric: Positioning Australia as an Upcoming Regional Arbitration Hub
October 29, 2017

Overview In 2015, the Chief Justice of the Supreme Court of Victoria highlighted the importance of positioning Australia as one of the next significant regional commercial hubs. Her Honour…

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Elizabeth Macknay, Stewart McWilliam, Matthew Di Marco, Georgina Stevens (Herbert Smith Freehills) for HSF Kramer
Switching Arbitral Seats: Musical Chairs in the Asia-Pacific
October 02, 2017

Singapore and Hong Kong are now considered to be amongst the top arbitration seats in the world, rivalling the long-established seats of London, Paris and Geneva. Perpetuating their dominance in the…

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Luke Nottage (University of Sydney & Williams Trade Law)
Australia’s International Arbitration Act Amendments: Rejuvenation by a Thousand Cuts?
May 13, 2017

On 22 March 2017, with minimal fanfare, the Civil Law and Justice Amendment Legislation Bill 2017 ("2017 Bill”) was introduced into the upper house of the federal Parliament. Buried within this…

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