Case Notes: November 2018

by Michael Moryosef* AUSTRALIA Limited scope to appeal security of payment decisions: Probuild Constructions v Shade Systems[1] This recent Australian High Court decision held that an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act) may not be overturned on the basis that the determination contained a non-jurisdictional error. The decision found that the Court of Appeal of the Supreme Court of NSW did not have jurisdiction to overturn an arbitrated decision on the [...]

Case Notes: November 20182018-11-01T12:13:18+11:00

ADR Address Supreme Court of South Australia 2018

ADR v Adjudication: Jurisprudential and Socio-Economic Considerations The Hon. Chief Justice Chris Kourakis’ SA Supreme Court Address Crypto-currency and medieval market fair courts may have more in common than first meets the eye. Kourakis CJ takes us back to the future in postulating how disputes involving new technologies may best be resolved. The Australian Disputes Centre received a warm welcome at the Supreme Court of South Australia in hosting the Court’s inaugural ADR Address on 18 October 2018. Chief Justice [...]

ADR Address Supreme Court of South Australia 20182019-09-21T11:33:58+10:00

The Court of Arbitration for Art

On 6 June 2018, the first Court of Arbitration for Art (CAfA) was officially launched at The Hague. This specialist court arose as a response to the art market’s critique that traditional judges and juries lack the expertise required to determine esoteric issues such as authenticity. Though located at The Hague, proceedings may take place anywhere in the world. A significant feature of the CAfA rules is that proceedings only utilise tribunal-appointed experts when determining questions of origin and matters [...]

The Court of Arbitration for Art2019-09-21T11:33:58+10:00

India’s Path to Mediation

by Alicia Sharma* The effective administration of justice has been shown to be vital to nurturing economic growth and thus ought to remain a priority for all developing nations. India’s lack of a structured and systematic approach towards development is particularly evident from India’s justice system. India’s enormous population, which accounts for over 17% of the global population (World Population Review, 2018), gives rise to particular complexities in India’s legal system. Considering the maxim ‘justice delayed is justice denied’, one [...]

India’s Path to Mediation2019-09-21T11:34:02+10:00

ADR Address Supreme Court of New South Wales 2018

ADR, ODR AND AI-DR, OR DO WE EVEN NEED COURTS ANYMORE? The Hon. Chief Justice Tom Bathurst AC The Supreme Court of NSW Wales warmly welcomed some 180 guests at the Court’s inaugural ADR Address on 20 September 2018. Living in an age of the Fourth Industrial Revolution, computers are increasingly capable to outperforming humans, possibly leading to supplanting the role of legal professionals altogether. Bathurst CJ identifies two main ‘supportive’ technologies that could transform both court proceedings and ADR [...]

ADR Address Supreme Court of New South Wales 20182019-09-21T11:34:02+10:00

Upcoming Events

  • Accelerator Online Mediation Training
    • Days 1 - 3
      August 5, 2020 - August 7, 2020
      10:00 am - 1:15 pm
    • Days 4 - 11
      August 10, 2020 - August 19, 2020
      10:00 am - 1:15 pm

    Upskill and Accelerate your Career. ADC’s Prestigious Mediation Training Is Now Available ONLINE! Choosing the ADC difference and Staying Connected… How do you become a nationally…

  • Online - Conflict Resolution & ADR
    • 2 days (3 hours a day)
      August 5, 2020 - August 6, 2020
      10:00 am - 1:15 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…

  • An India Economic Strategy To 2035
    • Online Webinar
      August 11, 2020
      5:30 pm - 6:30 pm

      Click here to register»

  • Mediator Refresher - How to Mediate Online
    • Essential Mediator Training (Fri. & Mon. 3 hours a day)
      August 14, 2020 - August 17, 2020
      10:00 am - 1:15 pm
    • Essential Mediator Training (Tues. to Wed. 3 hours a day)
      August 18, 2020 - August 19, 2020
      10:00 am - 1:15 pm

    NEW! How to Mediate Online! Are you confident and competent mediating online? This highly sought after mediation skills programme is intended for mediators seeking to complete…

  • Online Mediation Accreditation Day
    • August 20, 2020
      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…

  • Conflict Resolution & ADR - Adelaide
    • August 26, 2020
      8:30 am - 5:00 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…

  • ADC-ICC Asia-Pacific Commercial Mediation Competition 2020 Registration
    • Asia-Pacific Commercial Mediation Competition
      August 30, 2020 - September 1, 2020
      7:00 am - 10:00 pm
  • Mediation Training - South Pacific
    • Days 1 - 3
      September 9, 2020 - September 11, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      September 14, 2020 - September 15, 2020
      8:30 am - 5:00 pm

    Great News! This Course Is Now Fully Available ONLINE! Email us to find out how you can become an accredited mediator in less than 14…

  • Conflict Resolution & ADR - South Pacific
    • September 9, 2020
      8:30 am - 5:00 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 - South Pacific
    • One day Mediation Refresher Training
      September 14, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      September 15, 2020
      8:30 am - 5:00 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…