PRELIMINARY DISCOVERY IN INTERNATIONAL ARBITRATION: AN AUSTRALIAN PERSPECTIVE

The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents … Read more

AUSTRALIAN ARBITRATION CENTRE RELEASES GUIDANCE ON MANAGING DISPUTES DURING COVID-19

The Australian Centre for International Commercial Arbitration (ACICA) has released an information sheet for managing the impact of COVID-19 on disputes (including disputes presently before the courts which are being impacted by COVID-19). The guide, found here, covers the advantages of using arbitration to resolve disputes during the COVID-19 pandemic and includes useful links to … Read more

Recent changes to the ACICA Arbitration Rules

In November 2015, the Australian Centre for International Commercial Arbitration (ACICA) announced the release of its new ACICA Arbitration Rules 2016 and ACICA Expedited Arbitration Rules 2016, each of which came into effect on 1 January 2016. As this is the first time the rules have been updated since 2011, ACICA has taken the opportunity … Read more

Inside Arbitration: the new global publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the new publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In our first edition: Dr Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration considers how the 2014 Rules are working in practice and the LCIA's efforts to share more information with … Read more

New Arbitration Rules in the Supreme Court of Victoria, Australia

The Supreme Court (Chapter II Arbitration Amendment) Rules 2014 came into operation in the Supreme Court of Victoria, Australia, on 1 December 2014. These Rules provide comprehensive rules for the making of applications to the Court in both international commercial arbitration and domestic arbitration matters.   The rules cover both interlocutory applications and enforcement issues.  They … Read more