International arbitration case underscores legal risks for energy sector
A recent dispute between Elecnor Australia Pty Ltd and Clough Projects Australia Pty Ltd highlights the enforcement of arbitration clauses in joint venture agreements. Need to know This case concerns a dispute arising out of a joint venture between Elecnor Australia Pty Ltd (Elecnor) and Clough Projects Australia Pty Ltd (Clough) for the delivery of […]
Clarke Energy case confirms tough test to overturn arbitral awards
The judgment in Clarke Energy Pty Ltd v Power Generation Corporation reaffirms the high threshold for setting aside arbitral awards on public policy grounds. This case underscores the importance of precise pleadings and the courts’ deference to arbitral processes Key takeaways Clarke sought to set aside an arbitral award on the basis of alleged denial […]
International arbitration in the spotlight: Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120
A Federal Court decision confirms that international arbitral awards can be enforced not just as judgments, but through specific performance under section 8(3) of the International Arbitration Act. Background Roadpost Inc. (incorporated in Canada) (Roadpost) and Beam Communications Pty Ltd (incorporated in Australia) (Beam) entered into a Joint Venture Agreement (JVA) during March 2019 to […]
Lessons from a royalty dispute in the oil and gas sector
The recent decision in Oil Basins Limited v Esso Australia Resources Pty Ltd [2025] VSC 34 is a reminder of the Australian court’s pro-arbitration stance, and underscores the importance of having clear terms in royalty agreements, especially within the oil and gas sector. Need to know The case considered whether the depreciation and decommissioning (D&D) […]
