An Arbitrator’s Obligation to Disclose Potential Conflicts in Japan
25 August 2021
Japan’s Supreme Court considered an arbitrator’s obligation to disclose potential conflicts: developing the "reasonable investigation" test.
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All Mallesons Pulse Posts
All Mallesons Pulse Posts
Scaffold for criminal charges fails
20 August 2021
On 17 August 2021, the CDPP withdrew criminal cartel charges against the CFMMEU and Mr O’Mara. Combined with the acquittals in the Country Care case and recent developments in the $2.5 billion ANZ share placement case, this prompts reflection on the pursuit of criminal proceedings to deter companies, their executives and employees from engaging in cartel conduct.
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Insolvency and arbitration clauses: England, Hong Kong and Singapore
16 August 2021
Update and commentary on recent case law concerning insolvency and arbitration clauses in the England, Hong Kong and Singapore courts.
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Remember Not to Forget: How to Improve Witness Memory in Arbitrations
13 August 2021
Considering recommendations in the ICC's Report, KWM outlines tips for obtaining evidence and improving witness memory in Arbitrations.
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Quick notes: 10 Questions on Arbitration in Japan
5 August 2021
The world is watching the rise of arbitration in Japan. King & Wood Mallesons answers the 10 key questions to consider in selecting the seat.
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Penalty units balloon
26 July 2021
Commonwealth penalty units increased on 1 July 2020 for the first time in three years.
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Parallel arbitration risks: HK Court decision in W v AW
26 July 2021
In a parallel arbitral proceeding, Hong Kong Court finds arbitration award to be "manifestly invalid" and indicated likely setting aside.
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Clive cops $1M in additional damages for copyright infringement
20 July 2021
The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer (Palmer) for his copyright infringement of the 1985 Twisted Sister’s rock song ‘We’re Not Gonna Take It’ (the Song).
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Anti-anti-anti-suit injunctions may be coming to forums near you
19 July 2021
This post discusses the use of anti-antisuit injunctions against overseas proceedings, in connection with Hong Kong arbitration.
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Systematic Unconscionable Conduct All Comes Out in the Geowash
14 July 2021
The Full Court’s decision in Geowash confirms that regulators have a powerful tool through which to address systematic unconscionable conduct
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