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Arbitration of reinsurance disputes in Australia

In Australia, arbitration clauses in most contracts of insurance (other than marine insurance) are rendered void by s 43 of the federal Insurance Contracts Act 1984.  However, that Act expressly excludes reinsurance contracts.  Accordingly, for many years, practitioners assumed that arbitration clauses in reinsurance contracts were enforceable in Australia. This changed with the decision of the New […]

Australia to accede to Hague Convention on Service Abroad

On 25 June 2009, the Commonwealth Attorney General tabled the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 in Parliament.  This is the first step to Australia’s becoming a party to the Convention.  In anticipation of that, there have been amendments to the

Garsec discontinued

Readers may recall that a special leave application from the interesting forum non conveniens case in the New South Wales Court of Appeal, Garsec Pty Ltd v His Majesty The Sultan of Brunei [2008] NSWCA 211; (2008) 250 ALR 682, was to be heard by the High Court.   My previous posts are

Garsec goes to the High Court

Readers may recall the interesting forum non conveniens case in the New South Wales Court of Appeal, Garsec Pty Ltd v His Majesty The Sultan of Brunei [2008] NSWCA 211; (2008) 250 ALR 682.  My post on that decision is