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


Featured in The Asia-Pacific Arbitration Review 2023

27 May 2022

Disputes arising out of energy transition projects in Australia

Featured in The Asia-Pacific Arbitration Review 2023

27 May 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

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