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Arbitration Roundup
This Insight examines the latest developments in international arbitration ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
Predictive coding: the future of electronic document production?
A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...
A safe harbour for now - product liability risk exposure stemming from human rights abuses in supply chains
Globalisation has created significant benefits for consumers by making products cheaper to purchase It has allowed consumers to access food that is out of season from halfway across the globe or regularly update the model of their phone However the long and complex supply chains that facilitate ...
Predictive coding endorsed again by English High Court
In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...
Linklaters Insights: Legal professional privilege
After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...
Release of 3rd Edition Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council has released the 3rd edition of its Corporate Governance Principles and Recommendations Although the 3rd edition largely reflects the amendments proposed in the earlier consultation draft released in August 2013 a number of new amendments have been added that ...
School chaplaincy program remains out of bounds of federal power
In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...