TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia
19 March 2013 Albert Monichino SC On 13 March 2013, the High Court of Australia, in TCL Air Conditioner (Zhongshan) Co. Ltd v The Judges of the Federal Court of Australia [2013] HCA 13, rejected a constitutional challenge to Australia’s adoption in the International Arbitration Act 1974 (Cth) (‘IAA’) of the enforcement provisions contained
- Published in Case Notes
Built Environs Pty Ltd v Saunders International Ltd [2012] SASC 111
28 February 2013 Albert Monichino SC In Built Environs Pty Ltd v Saunders International Ltd [2012] SASC 111, White J of the Supreme Court of South Australia refused to adopt an arbitral award in a court-referred arbitration in a dispute concerning upgrade works at Olympic Dam in South Australia. This was because the arbitrator’s Award
- Published in Case Notes
Aspects of Expert Evidence: Briefing of Experts and Finalising the Report
Albert Monichino SC IAMA Expert Evidence Seminar October 2012 This paper was presented at the Institute of Arbitrators and Mediators Australia “Expert Evidence Fundamentals: Tips and Traps” Seminar on 8 October 2012. It provides an overview of the laws and rules in respect of adducing expert evidence in civil cases and commercial arbitrations. It also
- Published in Expert Evidence
International arbitration in Australia: 2011/2012 in review
Albert Monichino & Alex Hawke (2012) 23 ADRJ 234 After historic changes in 2010, Australia continues to see exciting developments in international arbitration. A growing body of case law is emerging which illustrates the strengths, and also the shortcomings, of the 2010 amendments to the International Arbitration Act 1974 (Cth) (IAA). At the same time,
- Published in International Arbitration
International arbitration in Australia: The need to centralise judicial power
Albert Monichino SC (2012) 86 ALJ 118 The arbitral legislative regime in Australia has recently undergone substantial reform with a view to positioning Australia as a hub for dispute resolution in the Asia-Pacific region. Underlying both the domestic and international arbitration regimes is the UNCITRAL Model Law It is universally accepted that the success of
- Published in International Arbitration