NEWS


Articles by HSF on Recent Developments in International Arbitration

Articles by HSF on Recent Developments in International Arbitration

PCERA foundation member Herbert Smith Freehills has authored and published a number of interesting and insightful  articles on recent cases and events considering international arbitration. Hong Kong court confirms principles of enforcement: Consideration of the Hong Kong case of KB v S that outlines a number of the considerations courts in that jurisdiction will take to the issue of enforcement and underlines its pro-enforcement stance generally. Hong Kong...

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Doing Business in Asia Conference: Cross-Border Agreement and Legal Convergence in the Asian Century

Doing Business in Asia Conference: Cross-Border Agreement and Legal Convergence in the Asian Century

Dear PCERA Members, The Singapore Academy of Law is organising an international Conference on 21 and 22 January 2016 in Singapore to discuss the trend of rising economic integration amongst Asian countries and the homogenising effect upon many cross-border trade practices and regulatory mechanisms. The Conference will bring together policy makers, regulators, members of the judiciary, and top leaders from the business and legal communities...

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PCERA appointed recommending authority under Railways Access Code

PCERA appointed recommending authority under Railways Access Code

On 4 December 2015 the Railways (Access) Code 2000 under the Railways (Access) Act 1998 (WA) was amended to make PCERA a recommending authority for the purposes of section 24 of the Code. Under section 24 of the Code the Economic Regulation Authority (ERA) is to establish panels of persons from which arbitrators are to be appointed to resolve railway access disputes referred to the...

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UNCITRAL Asia & Pacific Day 10 December 2015

UNCITRAL Asia & Pacific Day 10 December 2015

UWA is celebrating the 50th anniversary of the birth of UNCITRAL with two separate events: “UNCITRAL nearing 50: Challenges and Perspectives for Uniform Commercial Law Reform” – Mr Luca Castellani, UNCITRAL Legal Officer “New Uniform Laws for Western Australia: Arbitration, Sales and Electronic Transactions” – Symposium Both events will be on the 10th of December, full details can be viewed here: <http://www.law.uwa.edu.au/__data/assets/file/0005/2823818/UNCITRAL-Asia-and-Pacific-Day.pdf>  



Briefing Note – HCA confirms courts can make freezing orders in aid of foreign litigation

The latest briefing note by Clifford Chance summarises the decision of the High Court of Australia in PT Bayan Resources TPK v BCBC Singapore Pte Ltd [2015] HCA 36 to uphold freezing orders made against Australian-based assets of the respondent to proceedings on foot in Singapore. In doing so the High Court recognised an inherent jurisdiction of the Supreme Court of Western Australia to grant freezing...

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Briefing Note – The TPP of the Iceberg

Briefing Note – The TPP of the Iceberg

The conclusion of the Trans-Pacific Partnership (TPP) agreement on 4 October 2015 represents an historic moment in the history of global trade liberalisation. Whilst there has already been much commentary in the press, details of the agreement are unknown and will remain so until the text is published in about a month’s time. In this note by Clifford Chance, initial thoughts about the immediate and...

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Briefing Note – Australian court refuses to intervene in international arbitration

This October briefing note by Clifford Chance discusses the decision of the Federal Court in Sino Dragon Trading v Noble Resources International Pte Ltd [2015] FCA 1028 to dismiss an application to remove two members of an arbitral tribunal.  The decision illustrates the reticence of Australian courts to intervene in arbitral proceedings other than with clear authority and good cause.  This October briefing note can be viewed on the Clifford Chance website...

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PCERA Symposium: Dispute Clauses in the Energy & Resources Sector

PCERA will be hosting a symposium on the practical issues involved in negotiating and drafting arbitration clauses on 14 October 2015.  Details, including details of CPD points and rsvp’ing, are contained in the attached flyer.  


Australian Parliament considering amendments to the International Arbitration Act 1974 (Cth)

Australian Parliament considering amendments to the International Arbitration Act 1974 (Cth)

Federal Parliament is currently considering a Bill to amend the International Arbitration Act 1974 (Cth) (IAA).  The Bill, amongst other amendments, will expand the types of arbitral awards which can be enforced under the IAA and create an opt-out confidentiality regime for arbitrations to which the IAA applies.  Clifford Chance and PCERA have published a briefing note outlining the proposed amendments which can be accessed via the Clifford Chance...

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PCERA receives first arbitration case

PCERA receives first arbitration case

PCERA is pleased to announce that it has received its first arbitration case filing. The case concerns a contractual dispute in the context of a transaction involving the construction and installation of trench work, and pipeline installation services. The hearing is scheduled for August this year. The hearing will have been commenced within five months of the start of the arbitration. According to the PCERA...

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