Melbourne Law School - Research Publications
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ItemDemystifying the Burden of Proof in International Arbitration(Kluwer Law International, 2022)
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ItemAnti-arbitration Injunctions: Walking the Tightrope(Oxford University Press (OUP), 2020)Anti-arbitration injunctions are a controversial issue in the field of international arbitration. While some commentators decry them as an interference with the autonomy and independence of arbitrators, English and other common law courts steadfastly refuse to renounce them entirely. By reference to the framework established in recent decisions of the English Court of Appeal, the article seeks to forge a middle path between making anti-arbitration injunctions available on a discretionary, case management basis and prohibiting them in all cases. An approach that respects both the rights of arbitrators to determine their own jurisdiction and the rights of courts to protect parties from abuse of the arbitral process is advocated.
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ItemIntellectual Property and Private International Law: Strangers in the Night?(Cambridge University Press, 2020)The relationship between intellectual property (IP) and private international law (PIL) has become fraught with tension. For many years the two fields barely intersected, as almost all IP disputes were wholly domestic in nature, concerning parties within a single national territory, rights conferred by the law of that territory and local infringements. The emergence of new forms of technology and greater mobility of goods and services have, however, substantially changed the picture.