International Disputes

MinterEllison’s international arbitration and dispute resolution teams advise on and manage disputes that arise from cross-border and foreign investment transactions. Our lawyers are experienced in multi-jurisdictional legal and procedural regimes and are sensitive to cross-cultural considerations. Our lawyers are accustomed to working alongside multi-disciplinary teams to support the progress of a project. With a wealth of lawyers with industry specific experience to draw upon, we offer clients assistance, support, representation and advice not only during a dispute, but we work with clients to protect their interests at all stages of a commercial relationship. Our office network spans Australia, Hong Kong, The People’s Republic of China, New Zealand and the United Kingdom. Through global affiliations, we advise major corporations and government organisations trading and investing around the world.

When acting in an arbitration, our approach is strategic, with an emphasis on identifying and meeting our clients’ commercial objectives. We provide a clear and practical strategy for managing disputes by:

  • recommending the appropriate form of arbitration or alternative dispute resolution process
  • drafting effective arbitration provisions
  • helping to select the most appropriate arbitrator and seat
  • providing expert analysis of suitable institutions and venues
  • identifying innovative processes to reduce the time and cost of dispute resolution
  • providing strategic advice and conducting the proceedings
  • advising on the conduct of award recognition and other enforcement proceedings

Our lawyers have extensive experience advising and representing clients in arbitrations under the rules of major international arbitration institutions, ad hoc arbitrations, and arbitration under domestic legal regimes. We regularly advise and represent clients in commercial litigation and are well prepared to use all arsenals available under national regimes to support the use of international arbitration.

21 March 2014

The Ministry of Commerce issued the Guideline on Overseas Intellectual Property Rights for Enterprises for trial implementation on 8 February 2014. The Guideline aims to encourage Chinese enterprises to proactively protect their rights by providing greater protection for Intellectual Property Rights for overseas investments, and through mechanisms designed to promptly resolve IP disputes.

19 August 2013

Two cases in the UK and China have called into question the certainty of alternative dispute resolution outcomes for international traders. Both judgements highlight the impact varying legal frameworks have on dispute resolution mechanisms within the jurisdictions of Australia's trading partners.

5 June 2013

Comprehensive legislative changes to enhance and expand Hong Kong's unfair business practices and consumer protection framework, passed in 2012, will come into effect on 19 July 2013. We provide an overview of these major changes and explain how the new expanded consumer protection regime will operate in Hong Kong.

15 April 2013

The Singapore International Arbitration Centre (SIAC) has announced a new governance structure and a revised edition of the SIAC Rules of Arbitration, effective from 1 April 2013. Clients should not underestimate the significance of these changes.

22 September 2011

On 12 September 2011, the International Chamber of Commerce (ICC) unveiled the latest version of its Rules of Arbitration which commence on 1 January 2012. Following a review that began in 2008, the new Rules were approved by the ICC World Council in Mexico City in June this year. The revised Rules aim to address the complexities of international commercial and business disputes, and include amendments borne of experience gained from using the 1998 Rules.