Beware the Champagne Clause: When the Effervescence Fades, It May Just Be Pathological.

by Donna Ross*   Good drafting makes for good contracts and good business relationships. Yet these principles are often forgotten when it comes to drafting dispute resolution clauses. They are often an afterthought and an inopportune one at that, as once the rest of the contract has been agreed, the parties prefer celebration to discussing what might go wrong. For this reason, the champagne clause, sometimes called an eleventh hour or midnight clause,  is more often than not unclear, incomplete or [...]

Beware the Champagne Clause: When the Effervescence Fades, It May Just Be Pathological.2019-09-21T11:33:56+10:00

New Panel Supporting Booming Indigenous Business

While the property markets and other parts of the economy may be slowing, a little-noticed sector has been quietly roaring­. Indigenous-owned business is booming and the ADC has launched a new national ADR body, the First Nations’ Mediation Panel, to support and take advantage of what looks to be a game changer in indigenous enterprise. A 2018 report released by the indigenous consulting arm of Price Waterhouse Coopers found indigenous-owned business contributed up to $6.6 billion to the Australian economy [...]

New Panel Supporting Booming Indigenous Business2019-01-29T10:57:04+11:00

eArbitrations – Bridging the gap in international arbitration

Imagine a hearing room full of high-definition monitors replacing the millions of paper folders involved in your arbitration. From small, local to large-scale, international arbitrations, innovative electronic arbitration (eArbitration) technology allows you to go paperless. By transforming how your legal team works you can make arbitral processes easier, quicker, and more cost-effective. International collaboration The major benefits of eArbitrations lie in their collaborative potential; they enable collaboration between legal teams, experts, and clients in highly scalable and customisable cloud-based workspaces. [...]

eArbitrations – Bridging the gap in international arbitration2019-09-21T11:33:56+10:00

The Value of Mediator Soft Skills to Modern Commercial Practice

Greg Rooney by Greg Rooney*   Mediation has an identity issue - but it’s not its fault. Mediators - and the profession they practise called mediation - merely sit as innocent bystanders observing how the modern collaborative interconnected economy has challenged the identity and, in some cases, the very existence of the established professions and commercial and social institutions. We now live in a time where a world of connectivity and fluidity has replaced the 20th- century Newtonian [...]

The Value of Mediator Soft Skills to Modern Commercial Practice2019-09-21T11:33:57+10:00

The International Chamber of Commerce updates its guidance on the conduct of arbitration to drive transparency and efficiency

Rouein Momen Rouein Momen The International Court of Arbitration, a branch of the International Chamber of Commerce (‘ICC’), has renewed its ‘Note to Parties and Arbitral Tribunals on the Conduct of Arbitration’, of which the latest updates have come into force on 1 January 2019. The aim of these amendments was to improve the transparency and efficiency of the conduct of arbitration, and further, to push the ICC rules of arbitration to compete with the ICSID rules. For [...]

The International Chamber of Commerce updates its guidance on the conduct of arbitration to drive transparency and efficiency2019-09-21T11:33:57+10:00

An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration

By Lena Lindinger*   With the Australian Law Reform Commission expected to publish a discussion paper on third party funding in litigation, we want to take a look at where third party funding in international arbitration stands today in Australia and the rest of the world. Third Party Funding in International Arbitration Third Party Funding (TPF) arises when investors finance a legal claim in exchange for influence over case management and a part in the damages recoverable from the case.1 [...]

An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration2019-09-21T11:33:57+10:00

Managing eDiscovery costs in the new age of data

By Tony Song* Tony Song In every minute, over 12,986,111 texts messages are sent around the world.1 Each day, there is an output of over 2.5 quintillion bytes of data.2 By 2020, for every person on earth, 1.7 MB of data will be created per second. Data is today’s most valuable currency – it is borderless, vast and multi-purposive. With the ever-increasing ubiquity of smartphones, laptops and cloud computing, data is also more portable than ever. The natural by-product [...]

Managing eDiscovery costs in the new age of data2019-09-21T11:33:57+10:00

Upcoming Events

  • Accelerator Online Mediation Training – October 2020
    • Days 4 - 11
      October 19, 2020 - October 28, 2020
      10:00 am - 12:15 pm

    Up-skill Online and Accelerate your Career! Choosing the ADC difference, and Staying Connected… How do you become a nationally accredited mediator, a more effective negotiator,…

  • Mediator Refresher - How to Mediate Online
    • Essential Mediator Training (Tues. to Wed. 3 hours a day)
      October 27, 2020 - October 28, 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 – October 2020
    • October 29, 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…

  • Australian ADR Awards Gala 2020
    • November 13, 2020
      6:15 pm - 9:15 pm

     

  • The Weekend Edition - Online Mediation Training
    • Days 1 - 2
      November 21, 2020 - November 22, 2020
      9:30 am - 4:30 pm
    • Days 3 - 4
      November 28, 2020 - November 29, 2020
      9:30 am - 4:30 pm
    • Day 5
      December 5, 2020
      9:30 am - 4:30 pm

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

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      November 21, 2020
      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
      November 29, 2020
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      December 5, 2020
      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
      December 6, 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…

  • 35th Anniversary Mediation Course - January 2021
    • Days 1 - 3
      January 13, 2021 - January 15, 2021
      9:30 am - 4:30 pm
    • 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…

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      January 13, 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…