Ian Davidson SC and Deborah Lockhart Abstract In Australia, Alternative Dispute Resolution (commonly known as ADR) has grown significantly; not merely in the footsteps of its international popularity, but as a frontrunner in a global push for timely and cost effective dispute resolution. No ADR process has done this more so than mediation. It is estimated that 80-90% of civil cases are disposed of pre-trial in Australia.1 When speaking at the Australian Disputes Centre in 2017, NSW Chief Justice Tom [...]

By Tony Song* His Excellency, High Commissioner of Kenya, Isaiya Kabira with Deborah Lockhart at the 55th Anniversary of Jamhuri Day in Canberra. Jamhuri Day marks the independence and birth of Kenya as an independent nation-state. On the 12 December 1963, Kenya achieved sovereignty with its own government led by Jomo Kenyatta as Prime Minister. A year later, on this day, Kenya officially declared itself a republic. The modern history of Kenya is intertwined with British colonialism. [...]

This year’s Intercollegiate Negotiation and Arbitration Competition (INC) in Tokyo has been won by Team Australia – 21 students from 9 Australian universities.  Team Australia won the competition outright, as well as the Squire Patton Boggs Award for the highest scoring team in English-language Negotiation. In an historic first, Team Australia also won the Herbert Smith Freehills Award the highest scoring team in Arbitration, in Japanese.  That award was presented by Team Australia alumna Eriko Kadota, Dispute Desolution Associate in [...]

Dual proceedings will not stick - Kraft Foods Group Brands LLC v Bega Cheese Limited [2018] FCA 549 The case concerns the restraining of arbitral proceedings in the US District Court of the Southern District of New York in the matter between Kraft Foods Group Brands LLC (‘Kraft’) and Bega Cheese Limited (‘Bega’). In 2017, Bega acquired certain rights to use the Kraft brand including the right to sell peanut butter in Australia using its jar [...]

The Hon. Tim Pallas MP; Emma King CEO of Victorian Council of Social Service; Treasure Jennings, Public Transport Ombudsman; and Denis Nelthorpe, CEO of WEstjustice. In August 2018, the Public Transport Ombudsman Victoria was awarded the ‘ADR Innovation of the Year Award’ by the Australian Disputes Centre for their unique and pre-emptive approach to assisting homeless young people with public transport disputes. In partnership with the community legal service ‘WEstjustice’ the Public Transport Ombudsman recognised a recurring [...]