News & Insights Legal Updates
Find the latest changes in the legal landscape that potentially affect your business. From changes in legislation and case law to regulatory reforms, at Ashurst we're able to support you on all legal developments.
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40 Results
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INTERNATIONAL ARBITRATION UPDATE
04 JUL 2019 Australia-Hong Kong Free Trade Agreement & Investment Agreement (2019)
What you need to know Australia and Hong Kong signed the Australia-Hong Kong Free Trade Agreement...
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Quickguides
21 JUN 2019 Use of arbitration in financial transactions
Arbitration used to be perceived as providing a quick and cost-effective alternative to litigation.
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Quickguides
21 JUN 2019 Third party funding in international arbitration
The use of third party funding in international arbitration has increased in recent years. Originally attracted by investor-state claims and their substantial...
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quickguides
20 JUN 2019 International arbitration clauses
This guide addresses the issues to bear in mind when drafting international arbitration clauses. Topics covered include: Why choose arbitration?; How to...
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Quickguides
20 JUN 2019 Introduction to International Arbitration
This Quickguide provides an introduction to international arbitration, its key characteristics and how it works. It concludes with a comparison between...
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International Arbitration Update
14 MAY 2019 Rinehart: The High Court of Australia makes significant decision regarding interpretation of arbitration agreements
Ashurst’s team led by Partner Georgia Quick, together with Justin Gleeson SC, Jonathon Redwood, and Danielle Forrester of counsel acted for the Australian...
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Arbitration update
18 APR 2019 Two out of three ain't bad: Guidance on when an arbitral award may be set aside for misconduct of the arbitrators
This article considers the Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd [2019] WASCA 16 case, where the failure by an arbitrator to consider submissions...
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International Arbitration Update
11 APR 2019 No urgency, no exception - court deals with referral to arbitration following demand on performance bond
Article about court proceedings dealing with calls on securities and the appropriate forum to consider entitlement to such calls in Duro Felguera Australia...
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Trade Update
28 MAR 2019 Looking Up: the Indonesia-Australia Comprehensive Economic Partnership Agreement
On 4 March 2019, Indonesia and Australia signed the Indonesia-Australia Comprehensive Economic Partnership Agreement. The agreement will provide better...
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Construction Disputes Update
11 DEC 2018 Update on a new bill for payments: the New South Wales government passes security of payment reforms
On 28 November 2018, the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW) received assent. The Amendment Act will implement...
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AUSTRALIAN | CONSTRUCTION ALERT
12 NOV 2018 Queensland's security of payment reforms are set to commence
The Queensland Government has proclaimed that the security of payment reforms under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)...
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International Arbitration Update
08 NOV 2018 Recent Amendments to the International Arbitration Act 1974 (Cth)
The Commonwealth Parliament has passed amendments to the International Arbitration Act 1974 (Cth) incorporating the UNCITRAL Rules on Transparency in...
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arbitration update
03 OCT 2018 Testing times for intra-EU investment treaty claims
The international investment landscape is changing. Bilateral and multilateral investment treaties ("BITs" and "MITs"), which provide foreign investors...
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CONSTRUCTION DISPUTES UPDATE | AUSTRALIA
26 SEP 2018 What can a builder recover for wrongful termination of a building contract?
Over the last 20 years, it has been a matter of controversy whether a builder is entitled to bring a claim for quantum meruit as an alternative to contractual...
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International Arbitration Update
24 SEP 2018 Staying on the "cutting edge" - proposed amendments to the International Arbitration Act 1974 (Cth)
An overview of the proposed amendments, which include changing the confidentiality regime for international arbitration in Australia to enable transparency...
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Construction Disputes Update
11 SEP 2018 A new bill for payments: the New South Wales Government is proposing a number of security of payment reforms
New South Wales Fair Trading has released a draft bill proposing a number of amendments to security of payment laws and a consultation paper on a proposal...
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Construction Disputes Update | Australia
06 AUG 2018 Top down or bottom up: Does an adjudicator need to determine if work was performed?
In Nuance Group v Shape Australia [2018] VSC 362, the Supreme Court of Victoria quashed a security of payment adjudication on jurisdictional grounds.
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contract law update | australia
27 JUL 2018 No limits? Enforceability of temporal and monetary limits for misleading or deceptive conduct claims
A recent decision of the Victorian Supreme Court has cast doubt on the enforceability of contractual provisions purporting to impose temporal or monetary...
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arbitration update
16 JUL 2018 All right, Stop! Mediate and Listen: Guidance on the Use of Med-Arb in Australia
Med-arb and arb-med are hybrid forms of dispute resolution. Parties should carefully consider the potential advantages and disadvantages of med-arb when...
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arbitration update
06 JUN 2018 High Court to address uncertain scope of dispute resolution clauses
As a matter of construction, the Court stated that this principle is relevant to the commercial purpose or object of the agreement, and that as a result...
