As part of our commitment to global scholarship and providing practical guidance to our members and all our stakeholders including parties seeking to resolve disputes, we have established the Resources Hub. Here you will find the latest news in regulatory reform, legislation, case law and items of interest from Australia and around the world, to inform and support your practice.
Wan Sern and the Documents-Only Dilemma: Can low-cost arbitration be delivered without cutting procedural corners? Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch *This paper was delivered by Geoff Farnsworth at the International Congress of Maritime Arbitrators XXIII in Singapore (22 – 27 March 2026) Introduction ‘Documents-Only’ is a ‘fast and low cost’ […]
Warning! Arbitration ahead AghaeiRad v Plus500AU Pty Ltd [2025] FCA 1602 Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch Introduction When is arbitration unfair? This was the question determined toward the end of 2025 by Thawley J in AghaeiRad v Plus500AU Pty Ltd [2025] FCA 1602 (AghaeiRad). What happened in this case? Mr AghaeiRad was […]
Beyond the Black Box: From Hallucination to Proof in Legal AI Laina Chan, Barrister and CEO of MiAI Law Dr Brydon Wang, Expert in Trustworthy AI and Automated Decision-Making in Law, Adjunct Associate Professor, Centre for Policy Futures, University of Queensland Snapshot Most so-called “Legal AI” tools predict language rather than prove law. Trustworthy systems […]
Report: Ciarb Australia Annual Lecture 2025: “Diversity of Expertise in Arbitration: The Past, Present and Future” Presented by Professor Doug Jones AO Report by William Hettrick, ACIArb, Lawyer, Projects (Construction), Clayton Utz (Originally published in the ACICA AAW Blog, accessed here; republished with permission) Held as part of Australian Arbitration Week 2025, on 14 October. […]
Article: Party Autonomy And The Limits Of Arbitrability: A Stoppable Force Meets An Immovable Object* Paivi Adeniyi ACIArb Solicitor, DLA Piper, Brisbane *Winner, 2025 Ciarb Australia Essay Competition I Introduction The High Court’s recent decisions in Tesseract International Pty Ltd v Pascale Construction Pty Ltd[1] and Karpik v Carnival plc[2] illustrate that party freedom to […]
Case note: CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch Meru Sharma Lawyer, Holding Redlich 1. Introduction The dispute in CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 (Chevron), concerned the Gorgon Project, a massive offshore oil […]
Case note: Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch Meru Sharma Lawyer, Holding Redlich 1. Introduction Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 (Tesseract) was an appeal from the decision of the Court of Appeal […]
Case note: Carmichael Rail Network Pty Ltd as Trustee for the Carmichael Rail Network Trust v BBC Chartering Carriers GmbH & Co KG & Anor [2024] HCA 4 Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch Meru Sharma Lawyer, Holding Redlich 1. Introduction Carmichael Rail Network Pty Ltd as Trustee for the Carmichael […]
Article: The High Court of Australia and the Principle of ‘minimal’ curial intervention in arbitration Geoff Farnsworth FCIArb Partner, Holding Redlich President, Ciarb Australia Branch Meru Sharma Lawyer, Holding Redlich 1. Summary The High Court of Australia’s 2024 decisions in Carmichael, Tesseract and Chevron show that the principle of ‘minimal’ curial intervention in arbitration in […]
Article: Securing AI for Arbitration: Commercial and Government Advice Steph Hunt MCIArb; LLB (Hons); LLM (MIDS); Ciarb Australia Board Member; former adviser to Ministers for Foreign Affairs of the Commonwealth of Australia; Litigator, International Arbitrator and Mediator, and Sessional Academic at Monash University, Australia. Assisted by Helin Usal, Thomas Hills and Sarah Khan (London City […]
Case note: The Federal Court of Australia Enforces (More) ICSID Awards against Spain Hamish Cameron Juris Doctor Candidate, Monash University 1. Introduction On 29 August 2025, the Federal Court of Australia delivered judgment in Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028 (Blasket), enforcing a set of ICSID awards worth a combined […]
Article: “The New Normal”: Virtual Hearings in Construction Arbitration Disputes – Two steps forward or one step back? Robert Whitehead Partner, Head of DIFC & International Arbitration, HAS Law 1. Introduction The implementation of new technologies into the arbitration space has progressed at a significant pace, including the use of virtual hearings; however, is this […]
Article: From East to West: combatting due process paranoia and the evolution of early dismissal procedures in international arbitration Iain Sharp FCIArb Partner (Marine & Trade – Singapore), Hill Dickinson LLP 1. Introduction Due process is the “procedural cornerstone of the rule of law”[1] designed to defend fundamental procedural rights. As arbitral tribunals constantly strive […]
Article: The ‘burning issue’[1] of mandatory rules of law in international commercial arbitration Penny Thew FCIArb GAICD Barrister, State Chambers, Sydney, Australia A. Abstract This article examines the treatment of mandatory rules of law in international commercial arbitration,[2] having regard in particular to the obligation of arbitral tribunals[3] to determine arbitrations in accordance with the […]
Case note: Special leave granted – High Court to hear appeal of Republic of India v CCDM Holdings, LLC [2025] FCAFC 2 William Hettrick ACIArb Lawyer, Projects (Construction), Clayton Utz, Melbourne Ryan Cable Senior Associate, Dispute Resolution, Clayton Utz, Brisbane Sean Kelly Partner, Projects (Construction), Clayton Utz, Melbourne 1. Summary On 12 June 2025, the […]
Case Note: Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110 By Dr Andrew Hanak QC The Full Court of the Federal Court considers an application for enforcement of a foreign arbitral award in circumstances where the procedure for the appointment of the arbitral tribunal in the arbitration agreement was […]
Case Note: Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. [2021] FCAFC 3 and [2021] FCAFC 112 By Dr Andrew Hanak QC The Full Court of the Federal Court highlights the difference between recognition and enforcement of an award made under the ICSID Convention in the recent decision in Kingdom of Spain v Infrastructure Services […]
Case Note: Feldman v Tayar [2021] VSCA 185 Adequacy of Reasons and Sufficiency of Arbitration Agreement Prepared by Dr Andrew Hanak QC The Victorian Court of Appeal considers the validity of an arbitration agreement and the adequacy of reasons in the recent decision of Feldman v Tayar [2021] VSCA 185. Background The dispute arose out […]
The Application of Contracts in Engineering and Construction Projects Donald Charrett, Informa Law from Routledge 2018 BA Toby Shnookal QC Victorian Bar View Profile This is a fascinating book. Nowhere is the ability of humans to organise themselves to carry out projects of simply massive scale and complexity demonstrated as clearly as it is in […]
Case Note: Wardman v Macquarie Bank Limited [2019] FCCA 939 Dr Shane Monks Barrister, Level 27 Chambers, Brisbane, Australia View Profile A very recent decision (10 April 2019) of Judge Dowdy in the Federal Circuit Court of Australia in Sydney considered (for apparently the first time) both the constitutionality and propriety of the Federal Circuit Court […]
Case Note: Rinehart v Hancock Prospecting Pty Ltd: Rinehart v Rinehart (No 3) [2016] FCA 539; (2016) 337 ALR 174; (2016) 16 ACSR 1 and Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170; (2017) 350 ALR 658 Leon Chung Partner, Herbert Smith Freehills, Sydney, Australia View Profile Daniel Reynolds Solicitor, Herbert Smith Freehills, Sydney, Australia View Profile Arbitration Clauses […]
Case Note: Hurdsman & Ors v Ekactrm Solutions Pty Ltd [2018] SASC 112. Leon Chung Partner, Herbert Smith Freehills, Sydney, Australia View Profile Mitch Dearness Solicitor, Herbert Smith Freehills, Sydney, Australia View Profile Phoebe Winch Solicitor, Herbert Smith Freehills, Sydney, Australia View Profile The Cost of Ambiguity In Dispute Resolution Clauses In August 2018 the […]
Case Note: UDP Holdings Pty Ltd v Esposito Holdings Pty Ltd [2018] VSC 316 (Judgment). Leon Chung Partner, Herbert Smith Freehills, Sydney, Australia View Profile Mitch Dearness Solicitor, Herbert Smith Freehills, Sydney, Australia View Profile Phoebe Winch Solicitor, Herbert Smith Freehills, Sydney, Australia View Profile Subpoenas Issued by Australian Court in Support of Arbitral Proceedings Businesses who […]
If the parties to an arbitration agreement have not chosen a law to govern it, how should Australian courts select the proper law? Angus Macinnis Director of Dispute Resolution, StevensVuaran Lawyers View Profile Gianluca Rossi LLB (Hons) student at the Australian Catholic University View Profile Abstract Australian courts (and many Australian lawyers) are yet to […]
Case Note – Ku-ring-gai Council v Ichor Constructions Pty Ltd Dr Vicky Priskich Barrister and Arbitrator, Melbourne, Australia View Profile A Introduction Section 27D of the Commercial Arbitration Act 2010 (NSW) (CA Act) recognises arb-med in the context of domestic arbitration in Australia. The case of Ku-ring-gai Council v Ichor Constructions Pty Ltd (Ku-ring-gai),[1] highlights the importance of compliance with the […]
Case Note: Spaseski v Mladenovski [2019] WASC 65 The Extent of the Reasonable Right to be Heard Nick Longley Partner, HFW, Melbourne, Australia and Hong Kong View Profile A perennial problem for an arbitrator is how far should a party be allowed to go when exercising a reasonable opportunity to be heard or alternatively when should […]
James Healy Barrister, Francis Burt Chambers, Perth, Australia View Profile On 14 February 2018 (Valentine’s Day), the High Court handed down (2) unanimous decisions in relation to Security of Payment legislation:- Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild); and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 (Maxcon). The High Court held that […]