Australia: Arbitration World
K&L Gates Publication
Last Updated: 19 July 2014

From the Editors
Welcome to the 26th edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

To view Arbitration World, click here.

To download a printable PDF of the publication, open the link above and click on the fourth icon from the right in the magazine toolbar at the top of the page.

In this edition, we report on the much-anticipated decision of the U.S. Supreme Court in BG Group PLC v. Republic of Argentina regarding the respective roles of courts and arbitrators in deciding threshold issues of arbitrability or jurisdiction. We review a recent decision of the Indian Supreme Court in the context of the wider changes in India regarding international arbitration in recent years, as well as a decision of the Full Federal Court of Australia regarding the implications of seeking to resist enforcement of an award after already unsuccessfully challenging the award at the seat of arbitration.

We include articles on the new arbitration rules issued by the Japan Commercial Arbitration Association (JCAA) and the Vienna International Arbitration Centre (VIAC) and report on the interesting development of the introduction of "Optional Appellate Arbitration Rules" by the American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR).

We consider the potential issues that may arise with short-form 'ad hoc' arbitration clauses, and continue our series of articles on means of protecting foreign investments with a review of the means of access to relevant dispute resolution mechanisms. We also provide our usual updates on developments from around the globe in international arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email or

In this issue:

  1. News from around the World
    by Sean Kelsey (London)
  2. Our usual survey of key recent developments in international arbitration.
    To view this article, click here.

  1. World Investment Treaty Update
    by Wojciech Sadowski, Anna Leszczynska and Patrycja Treder (Warsaw)
  2. A report on the latest news from the investor-state arbitration scene.
    To view this article, click here.

  1. 2014 Amendments to the JCAA Arbitration Rules
    by Atsushi Yamashita and Ayuko Nemoto (Tokyo)
  2. A review of the recent amendments to the Japan Commercial Arbitration Association (JCAA) Commercial Arbitration Rules, which took effect on February 1, 2014.
    To view this article, click here.

  1. U.S. Supreme Court Clarifies the Competence of Arbitrators to Rule on Their Own Jurisdiction
    by J.P. Duffy (New York) and Eric Bevan (Los Angeles)
  2. A report on the much-anticipated decision of the U.S. Supreme Court in BG Group Plc v. Republic of Argentina, which clarifies the respective roles that courts and arbitrators should play when deciding threshold issues of arbitrability or jurisdiction under international arbitration agreements.
    To view this article, click here.

  1. International Arbitration and India: Another Step Forward
    by Martin King (London)
  2. A commentary on the recent Indian Supreme Court decision of World Sports Group (Mauritius) Ltd v. MSM Satellite (Singapore) Pte. Ltd in the context of the wider changes in the environment for international arbitration in India in recent years.
    To view this article, click here.

  1. Ad Hoc Arbitration Clauses – The Dangers of Brevity
    by Frank Thompson and Justin Joshi (London)
  2. A consideration of potential issues that may arise with short-form 'ad hoc' arbitration clauses.
    To view this article, click here.

  1. AAA/ICDR Issues Optional Appellate Arbitration Rules
    by J.P. Duffy (New York)
  2. A review of the new Optional Appellate Arbitration Rules issued by the American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR) which provide scope for the appeal of awards alleged to suffer from serious factual or legal error.
    To view this article, click here.

  1. Full Federal Court of Australia Considers the Possibility of Issue Estoppel in Enforcing an International Arbitration Award
    by John Kelly, Mark Farquhar and William Ho (Melbourne)
  2. A review of a recent decision of the Full Court of the Federal Court of Australia which provides guidance as to the consequences of an award debtor seeking to resist the enforcement of an award after already unsuccessfully challenging the award at the seat of arbitration.
    To view this article, click here.

  1. Arbitration in Austria – The Vienna International Arbitration Centre and its New Rules
    by Johann von Pachelbel and Tobias Kopp (Frankfurt)
  2. Commentary on the new Vienna International Arbitration Centre (VIAC) Arbitration Rules, introduced with effect from July 1, 2013.
    To view this article, click here.

  1. Access to Dispute Resolution Mechanisms: A Primer on Protecting Foreign Investments (Part 6)
    by Ania Farren (London) and Wojciech Sadowski (Warsaw)
  2. In this sixth instalment in our regular feature on protecting foreign investments, we look at the rights that an investor can typically expect to have to access relevant dispute resolution mechanisms.
    To view this article, click here.

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