International arbitration

Cross-border arbitrations often turn on the seat, the applicable law, the tribunal, and the path to enforcement. Getting those choices right at the outset helps to avoid or resolve any later procedural skirmish.

What we advise on

The firm handles international commercial arbitration under the major institutional rules, investment treaty claims, and the recognition and enforcement of arbitral awards in Australia. It also covers related court work: anti-suit injunctions, interim measures in aid of arbitration, and challenges to awards where the grounds exist. Australia is a New York Convention jurisdiction, and foreign awards can be recognised and enforced in the Federal Court and state Supreme Courts, subject to the limited grounds for refusal. Our Principal has acted in significant award-enforcement proceedings, including against sovereign respondents.

Who we act for

We assist foreign award creditors seeking to enforce in Australia, Australian parties in offshore arbitrations, foreign parties in Australian-connected arbitrations and businesses negotiating dispute resolution clauses that will be fit for purpose when a dispute arises. The firm acts as counsel; arbitrator appointments are considered separately where there is no conflict with the firm's counsel work.

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