The rise of data centre arbitration

The expansion of data centres in Australia and globally will inevitably bring a parallel expansion of disputes, with many operators and investors choosing arbitration as their preferred means of resolving them.

Arbitration and M&A disputes: a global trend Australia cannot ignore

Across leading arbitration institutions globally, the share and value of post-M&A arbitrations are rising steadily. Arbitration’s features cater well to the demands of post-deal disputes.

The rise of trade-related disputes in the Asia-Pacific

Tariffs, sanctions, regulatory change and geopolitical risk are reshaping the foundations of regional supply chains. The implications for companies are immediate and strategic.

AI in arbitration: a new frontier?

Arbitration has seen a surge in adoption of AI tools over the past five years. Despite its numerous advantages, arbitral bodies are warning that the use of AI must be tempered by a careful consideration of its risks.

Mining in space: the role of arbitration in the new frontier

As commercial actors and governments race to capitalise on space mining, they face a legal and regulatory environment that remains largely uncharted and, in critical respects, ill-equipped for modern commercial realities.

Seabed mining and arbitration: deep water, deeper uncertainty

Proposed US licences to deep sea mine in international waters are likely to give rise to arbitrations, and tribunals will play a key role in the current diplomatic debate. For companies entering this space, careful contract drafting and explicit risk allocation are essential.

Arbitration in the financial services sector

Arbitration’s features make it especially attractive for the financial services industry. Its advantages are particularly clear in the context of cross-border transactions, emerging markets, and complex financial products.
 

Australia’s growing reputation as a pro-enforcement jurisdiction

Australia has consolidated its standing as a pro-enforcement jurisdiction for international arbitration, not only in proceedings against private award debtors but also in proceedings against foreign states.

Effective dispute resolution: how do expert determination and arbitration compare?

Expert determination and arbitration each offer an alternative dispute resolution process that can be designed to suit party preferences.