Region: Australia
Australian appeal court rules on functus officio
David Brynmor Thomas KC and James Shaerf of 39 Essex Chambers argue that a recent Australian appeal court decision on the meaning of functus officio raises some problematic doctrinal and practical issues, not least for the use of partial awards as a case management tool.
07 March 2023
Korean shipbuilder settles billion-dollar claim
A Korean shipbuilder has reportedly agreed to pay to settle a dispute with Japanese oil and gas producer Inpex that gave rise to a US$970 million ICC case.
17 February 2023
Mining magnate complains of “chilling effect” on ICSID claim
A mining magnate that saw his US$21 billion arbitral claim against Western Australia halted by emergency state legislation has brought a fresh challenge against the “draconian” measures, arguing they also effectively prevent him from bringing an investment treaty claim.
05 September 2022
Burford-funded mining claim against Greenland underway
A tribunal has begun hearing an Australian company’s claim against Greenland and the Kingdom of Denmark over a uranium mining ban affecting a US$3 billion project – a case financed by a subsidiary of Burford Capital.
29 July 2022
Chinese miner brings ICC claim over Congo lithium project
One of China’s largest mining groups has launched an ICC claim over the purchase of a stake in a major lithium project in the Democratic Republic of the Congo.
13 May 2022
Australia’s highest court to hear Spain’s appeal on sovereign immunity
The High Court of Australia has granted Spain special leave to appeal the recognition of a €101 million ICSID award obtained by a Luxembourgish investor affected by its renewable energy reforms.
31 March 2022
Croatian state bank liable over shipbuilding contract
An Australian agriculture exporter says it has won an award in a London arbitration against a Croatian state-owned development bank that guaranteed the construction of a livestock vessel.
08 February 2022
DRC mine award upheld despite counsel’s illness
An English court has upheld a US$19 million ICC award relating to a Chinese mining project in the Democratic Republic of the Congo, rejecting arguments that the case should have been adjourned when a counsel took ill with covid-19 and that the tribunal erred by awarding the victor its third-party funding costs.
08 December 2021
“Time is of the essence”: Australian gas price review blocked on appeal
Chevron and its partners in a massive Australian gas project have won an appeal preventing a Rio Tinto subsidiary from bringing a price review claim that was notified outside the window stipulated in the contract.
24 November 2021
Australian miner buries Singapore set aside bid
An Australian mining company says it has defeated a bid by its joint venture partner to set aside a SIAC award over their US$463 million copper and gold project in the Philippines.
22 November 2021