Region: Australia
Watson Farley & Williams hires in Sydney
Nathan Eastwood, who has acted for mining companies in several investment treaty claims, has left Clifford Chance to join the partnership at Watson Farley & Williams in Sydney.
26 April 2023
Australia’s top court rejects Spain’s immunity defence
Australia’s highest court has affirmed that Spain cannot invoke sovereign immunity to avoid the recognition and enforcement of a €101 million ICSID award – and that the European Court of Justice’s prohibition against intra-EU investment arbitration is irrelevant to this question.
12 April 2023
Mining magnate launches US$200 billion treaty claim against Australia
A mining magnate has reportedly made good on his threat to launch the largest ever treaty claim on record, seeking US$200 billion from Australia over legislation that prevented him from pursuing a prior arbitration against a state government.
30 March 2023
Australian appeal court rules on functus officio
David Brynmor Thomas KC and James Shaerf of 39 Essex Chambers argue that a recent Australian appeal court decision on the meaning of functus officio raises some problematic doctrinal and practical issues, not least for the use of partial awards as a case management tool.
07 March 2023
Korean shipbuilder settles billion-dollar claim
A Korean shipbuilder has reportedly agreed to pay to settle a dispute with Japanese oil and gas producer Inpex that gave rise to a US$970 million ICC case.
17 February 2023
Mining magnate complains of “chilling effect” on ICSID claim
A mining magnate that saw his US$21 billion arbitral claim against Western Australia halted by emergency state legislation has brought a fresh challenge against the “draconian” measures, arguing they also effectively prevent him from bringing an investment treaty claim.
05 September 2022
Burford-funded mining claim against Greenland underway
A tribunal has begun hearing an Australian company’s claim against Greenland and the Kingdom of Denmark over a uranium mining ban affecting a US$3 billion project – a case financed by a subsidiary of Burford Capital.
29 July 2022
Chinese miner brings ICC claim over Congo lithium project
One of China’s largest mining groups has launched an ICC claim over the purchase of a stake in a major lithium project in the Democratic Republic of the Congo.
13 May 2022