Liam McInerney, Author at Kluwer Arbitration Blog

ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

Australian Arbitration Week Recap: Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof in International Arbitration

Liam McInerney (LK Law)/October 17, 2024October 16, 2024 /Leave a comment

ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte. The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day). Drawing…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

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

Oliver Cook (Level Twenty Seven Chambers) and Liam McInerney (LK Law)/August 9, 2023July 27, 2023 /1 Comment

ACICA 45

In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….