It has now been just over four years since the 2010 amendments to Australia's International Arbitration Act 1974 (Cth) (IAA). The IAA had incorporated the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration (Model Law) and underwent substantial reform as a result. This...
If Jane Austen had been an Insurance Claims Manager, she might have said, it is a truth universally acknowledged, that a policyholder who sustains an insured loss must take all measures reasonably within its power to mitigate it. Quite so, but what does this mean in practice? Must the insured incur...
Australia's much-litigated section 54 of the Insurance Contracts Act 1984 (Cth) is an example of a common class of statutory provision, designed to moderate the harsh effect of an insurance contract where, because of the insured's failure to comply strictly with a term, cover can be refused...