Domestic Court Proceedings Relating to International Commercial Arbitration in the Resources Sector

Abstract

International commercial arbitrations often lead to related proceedings in domestic courts. This chapter provides some recent examples of domestic court cases relating to international commercial arbitrations in the resources sector. These cases have raised issues concerning the interpretation of the Model Law, arbitration under bilateral investment treaties, stay of proceedings, discovery under United States federal law and the enforcement of awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. These cases were decided by courts in Australia, Canada, the United States, the UK and Singapore.