2024 in Review, ACICA, Arbitration Agreement, Australia, Australian Arbitration Week, Energy, Immunity, Investment Arbitration, Legislative amendment, Liability, New Zealand, Pacific Islands, Party autonomy, PCA, Public Policy, Standard of Proof

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Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific Islands, we saw the strengthening of legal frameworks, and in New Zealand, we saw a clarification of public policy considerations. We delve into these standout developments and…

Australia, Bifurcation of proceedings, Challenge of Arbitral Award, Competence-Competence, Interim Award, Jurisdiction of the arbitral tribunal

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ACICA 45

Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI Constructors Pty Ltd & Anor v Chevron Australia Pty Ltd [2024] HCA 28. In a judgment considering the concepts of finality and functus officio…

Energy, Energy Charter Treaty, Japan, Renewable energy

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The energy sector has long been one of the major users of international arbitration, and the field has always been a fertile ground for disputes, whether they be price reviews, construction claims, sale and delivery disagreements or disputes over the decommissioning of assets. This has certainly been the case in recent years, including for arbitrations…