The First Enforcement of an Investment Arbitration Award in Australia

Investment treaty arbitration is being increasingly used by investors to protect their international investments. To encourage investment between the contracting states, an investment treaty will commonly confer certain minimum levels of protection on investors from one state with respect to their investments in the other. These protections are typically enforceable by the investor directly against the state party through investment arbitration. Earlier this year, Ashurst  updated you on recent investment treaty developments in Australia (available here: https://www.disputescentre.com.au/recent-investment-arbitration-developments-australia/). More recently, the [...]

The First Enforcement of an Investment Arbitration Award in Australia2019-09-21T11:34:04+10:00

Case Note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206

Case note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206   Summary In the recent decision in Fitzpatrick v Emerald Grain Pty Ltd, Martin CJ of the Supreme Court of Western Australia considered whether the choice by the parties of specialist arbitration rules relating to grain sale disputes limited the scope of disputes that are captured by the arbitration clause. On this issue, the Court held that the parties' choice of specialist arbitration rules did not limit the scope [...]

Case Note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 2062019-09-21T11:34:04+10:00

A guide to eTrials

A guide to eTrials In the digital age, the volume of material before the court is growing and creating new document management challenges. Advances in technology have streamlined the trial process, while fostering the growth of intuitive and efficient work processes. Some courts such as the Land and Environment Court of NSW have embraced the potential of paperless hearings to save time and cost. Service providers, such as DTI’s NuLegal team, have developed eTrial services to support hearings both large [...]

A guide to eTrials2019-09-21T11:34:04+10:00

Hui v Esposito Holdings Pty Ltd [2017] FCA 648

In Hui v Esposito, Justice Beach of the Federal Court of Australia set aside a partial award in an international arbitration and removed the arbitrator on the grounds of procedural unfairness and bias. This case modifies Australian law on arbitrator bias and serves as a reminder of the risks of preliminary hearings in international arbitrations. Read Full Article HERE Author: Horace Ng  

Hui v Esposito Holdings Pty Ltd [2017] FCA 6482019-09-21T11:34:04+10:00

Chinese Delegates Visit the Australian Disputes Centre

Advancing Australia’s expertise and helping to build networks of influence are central to ADC’s role in the ADR industry. In September, it was ADC’s honour to welcome senior delegates from China, representing 25 law societies from across the country. Presenting in Mandarin, ADC’s Cindy Wong opened the evening with a presentation on the current legal infrastructure and background of ADR in Australia, including the functions and role of the Australian Disputes Centre and the Australian Centre for International [...]

Chinese Delegates Visit the Australian Disputes Centre2019-09-21T11:34:04+10:00

International Court of Justice – A Progress Report with His Excellency Justice James Crawford

On Monday 25 September 2017 Sydney University hosted His Excellency Justice James Crawford AC SC FBA of the International Court of Justice to deliver an insightful talk on “International Court of Justice – A Progress Report”. His Excellency gave an overview of the Court, current and pending cases and prospects for the future. Short Biography James Crawford is only the second Australian to hold the prestigious position as a Justice of the ICJ, following in the footsteps of Sir Percy [...]

International Court of Justice – A Progress Report with His Excellency Justice James Crawford2019-09-21T11:34:04+10:00

Upcoming Events

  • 35th Anniversary Mediation Course - January 2021 (Full)
    • Days 4 - 5
      January 18, 2021 - January 19, 2021
      9:30 am - 4:30 pm

    Mediator Accreditation ADC’s trained mediators, seeking recognition under the Australian National Mediator Accreditation System (NMAS), may undertake its 1-day Accreditation program. Please register separately for the Accreditation…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      January 18, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 19, 2021
      9:30 am - 4:30 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 20, 2021
      9:00 am - 4:30 pm

    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…

  • 35th Anniversary Mediation Course #2 - January 2021
    • Days 1 - 3
      January 20, 2021 - January 22, 2021
      9:30 am - 4:30 pm
    • Days 4 - 5
      January 27, 2021 - January 28, 2021
      9:30 am - 4:30 pm

    Mediator Accreditation ADC’s trained mediators, seeking recognition under the Australian National Mediator Accreditation System (NMAS), may undertake its 1-day Accreditation program. Please register separately for the Accreditation…

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      January 20, 2021
      9:30 am - 4:30 pm

    Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      January 27, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 28, 2021
      9:30 am - 4:30 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 29, 2021
      9:30 am - 4:30 pm

    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…

  • Online - Conflict Resolution & ADR – February 2021
    • Conflict Resolution & ADR Training
      February 11, 2021
      9:30 am - 4:30 pm

    Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Online Mediation Training – February 2021
    • Days 1 - 2
      February 11, 2021 - February 12, 2021
      9:30 am - 4:30 pm
    • Days 3 - 4
      February 18, 2021 - February 19, 2021
      9:30 am - 4:30 pm
    • Day 5
      February 25, 2021
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2021! How do…

  • Online Mediation Accreditation Day – February 2021
    • February 18, 2021
      9:00 am - 4:30 pm

    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…