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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 ...
Release of exposure draft of mandatory data breach notification laws
The Federal Government has taken the first step in fulfilling its promise to introduce a mandatory data breach notification scheme Under an exposure draft of the proposed legislation companies will be required to notify the Office of the Australian Information Commission and affected individuals of ...
Supreme Court of WA sends EPC contractor back to arbitration
In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...
Blockchain and why smart contracts still need smart lawyers
There has been so much talk about blockchain and distributed ledger technology recently especially in financial services that you might be forgiven for thinking it might be more hype than substance But we think it could be very important technology ...
Privacy Awareness Week Update
To coincide with Privacy Awareness Week, the OAIC has released a number of business resources. This Insight considers the key implications for stakeholders. ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
The rise of 'robo advice'
Robo advice is another one of these phrases that we are suddenly seeing everywhere The idea offers some exciting opportunities for advice providers What are the regulatory issues And how can lawyers help ...