The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain. [1] The FCA rejected Spain’s argument that it was immune from the jurisdiction of the Australian courts (asserted pursuant to sections 9 and 10(7) of the Foreign States Immunities Act 1985 (Cth) (Immunities Act)). The investors (Investors) involved in two ICSID arbitrations applied under s35(4) of the International Arbitration Act…
Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…
Overview of Australia’s class action system Class actions are a well-established dispute resolution mechanism in Australia, under both State and Federal regimes. The threshold requirements for bringing a class action are low: class actions require only that seven or more group members have claims against the same person(s), which are in respect of, or arise out of, the same, similar or related circumstances and give rise to at least one substantial common issue of law…
Introduction An Inquiry currently underway in Australia offers good insights into whether, and if so in what circumstances, third party litigation funding, particularly of class actions, should be permitted. Traditionally, third party litigation funding has been prohibited in many countries, and there has been resistance to proposals for its introduction or expansion. Litigation funding has been permitted in Australia for some time, however. The experience there, as reviewed in the current Inquiry and summarised in…
Twenty six countries now authorize private civil damage actions for antitrust/competition law allegations. In several of these countries, claims may proceed as class or collective claims. Litigation strategy requires accounting for all claims, and coordinating them with regulatory investigations by government antitrust authorities. Consistency in approach, while dealing with the requirements of local laws, can be key to resolving antitrust matters for global companies. Our Global Guide to Competition Litigation (2016) helps to orient you…
Due to Australia’s plaintiff favourable class action system, the number of class actions in Australian courts is at an all time high. Recently however headwinds appear to be developing as the US Chamber Institute for Legal Reform pushes for reform in the class action arena. Two reforms currently being considered by the Chamber concern introduction of a “threshold test” for plaintiffs to commence class actions in Australia and new regulatory control of litigation funding for…