United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?

By Ying Xia   On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a fairly [...]

United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?2019-09-21T11:33:56+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 having recently published its report on third party funding in litigation, it is timely to discuss the current and evolving role of third party funding in international arbitration in Australia and globally. 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 financial share in the damages recoverable from the case.1 Litigants in many European [...]

An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration2019-09-21T11:33:56+10:00

Dispute Resolution Strategies in Family Law Matters

We are privileged to publish the paper presented by The Hon. Justice Robert McClelland at the Australian Disputes Centre, 14 February 2019. Download in PDF: Justice McClelland - Dispute Resolution Strategies in Family Law

Dispute Resolution Strategies in Family Law Matters2019-03-07T09:19:06+11:00

Rusoro Mining Ltd v Bolivarian Republic of Venezuela

By Rouein Momen* The recent ruling of the Paris Court of Appeal set aside the $1.2B damages ordered against Venezuela in compensation for the expropriation of a Canadian mining company’s assets and investment. The French appellate court’s decision comes nearly a year after a D.C. federal court upheld the validity of the amount of damages originally ordered. Rusoro Mining LTD, a Canadian company, controlled 24 Venezuelan subsidiaries holding a total of 58 mining concessions and contracts between the years 2006 [...]

Rusoro Mining Ltd v Bolivarian Republic of Venezuela2019-03-07T09:04:50+11:00

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

By Rouein Momen* The International Court of Arbitration, a branch of the International Chamber of Commerce (‘ICC’), has updated its ‘Note to Parties and Arbitral Tribunals on the Conduct of Arbitration’. This revision came into force on 1 January 2019. The amendments are aimed at improving the transparency and efficiency of the conduct of arbitration and to encourage the ICC rules of arbitration to compete with the ICSID (International Centre for Settlement of Investment Disputes) rules. For arbitrations registered on [...]

The International Chamber of Commerce updates its guidance on the conduct of arbitration to drive transparency and efficiency2019-09-21T11:33:56+10:00

Recent Amendments to the Telecommunications (Arbitration) Regulations 1997 (Cth)

By Christian Santos* The Telecommunications (Arbitration) Regulations 2018 (Cth) (‘the TAR’) has made changes to the arbitration of disputes by the Australian Competition and Consumer Commission (ACCC). The significant changes follow: 1. ACCC Conduct of Arbitrations Regulation 14 of the TAR gives greater flexibility to the ACCC in how it may conduct the arbitration of a dispute. The ACCC may either conduct an arbitration ‘on the papers’, or hold an arbitration hearing, in-part on the papers and in-part by arbitration [...]

Recent Amendments to the Telecommunications (Arbitration) Regulations 1997 (Cth)2019-03-07T08:58:12+11:00

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…