International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth)(“IAA”) as amended in 2010, 2015 and 2018. The legal and institutional framework related to arbitration in Australia has been significantly amended over the past decade as part of a wide-reaching arbitration reform aimed at promoting Australia as an attractive regional seat for […]
Philip Morris Arbitration Award Made Public
The Philip Morris arbitration award rendered by arbitrators Professor Don McRae, Professor Gabrielle Kaufmann-Kohler and Dr. Karl-Heinz Böckstiegel as presiding arbitrator, has finally been made public. The controversial arbitration was brought by Philip Morris in response to Australia’s plain packaging legislation for cigarettes. On 18 December 2015, the arbitration tribunal decided that it had no […]
Eli Lilly’s Notice Of Arbitration Under The NAFTA
U.S. drug company Eli Lilly has escalated a $500-million patent dispute with the federal government and filed a notice of arbitration under the North American Free Trade Agreement. The company is demanding compensation for court decisions that invalidated its patents for Strattera, a treatment for attention-deficit/hyperactivity disorder, and for Zyprexa, which is used for the […]
Senegal Wins Arbitration Reflecting Rising Resource Nationalism In Africa
In a partial award, the arbitrators Elie Kleiman, Pierre Mayer, and Nicolas Molfessis ruled that a USD 2.2 billion deal it signed with ArcelorMittal could be terminated on the ground of a material breach by ArcelorMittal. ArcelorMittal’s counterclaim for the renegotiation of the contracts also failed. Senegal is now seeking USD 750 million in damages from […]
Recent ICSID Cases Discussed in the Investment Arbitration Reporter
February 28, 2013 (Vol. 6, No. 5) 1. First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases 2. Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration 3. Sri Lanka breached BIT due to […]