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Arbitration Publications

Bifurcators Beware: Australia’s Highest Court Dismisses Appeal Against Decision to Set Aside Interim Award

7-2-25 / Oliver Cook — Arbitration

Oliver Cook co-authored this article with Ashley Chandler (Assistant Editor for Australia, New Zealand and the Pacific Islands) in the Kluwer Arbitration Blog. The article discusses the question "can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings?" which was put to the High Court…

Just What the Tribunal Ordered – Or Was It? Western Australia Court of Appeal Upholds Finding That UNICITRAL Tribunal Rendered Itself Functus Officio

9-8-23 / Oliver Cook — Arbitration

Oliver Cook co-authored this article with Liam McInerney (LK Law) published in the Wolters Kluwer: International Arbitration & Mediation concerning a decision in the Western Australia Court of Appeal to uphold that a UNICITRAL Tribunal rendered itself functus officio. The decision confirms that under the Commercial Arbitration Act 2012 (WA),…

Privilege in International Arbitration: Procedure and Pitfalls

25-11-21 / Nicholas Andreatidis KC — Arbitration, International

Nicholas Andreatidis QC and Angus O'Brien (Level Twenty Seven) were joined by Simon Bellas (Jones Day) and Cameron Sim (Debevoise & Plimpton) to unpick some of the uncertainties concerning legal professional privilege in the context of international arbitration. The video and podcast recordings of this Level Twenty Seven Chambers webinar…

Functus Officio in Arbitration

22-10-21 / Shane Doyle KC, Sarah Spottiswood — Arbitration, International

This presentation formed part of ACICA's Australian Arbitration Week 2021 program. Shane Doyle QC and Sarah Spottiswood (Level Twenty Seven Chambers) and Chiann Bao (Arbitration Chambers) explored the situations where an arbitrator might be said to have performed its office so as to be (wholly or as to particular aspects…

‘Voices that Shape Investment Treaties: Inside, Outside and Among States’, in C Titi (ed) Public Actors in International Investment Law (Special Issue of the European Yearbook of International Economic Law), Springer 2021 (with C Mavromati)

4-3-21 / Sarah Spottiswood — Arbitration, International

Investment arbitration awards often give the impression that investment treaties are designed to reflect the interests of two actors: “investors” and “states”. There are in fact a myriad of actors, or “voices”, behind each word in an investment agreement. This chapter identifies three broad categories of voices: voices inside, outside…