Australian Disputes Centre - keeping you updated on News & Events
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Nominate in the Australian ADR Awards 2022
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Learning & Professional Development
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• International Arbitration in
South Korea
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• Case Note Grieve (T/As BG Grieve Builder) v Gould [2022]
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• Curious Case of Conflicting Principles – Arbitration and Insolvency Interplay
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• Workplace Dispute Resolution Video series.
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Happy New Year! I hope you have had a wonderful festive season and continue celebrations well into the Year of the Water Rabbit!
The ADC team returned from their summer break last week and have been running our first batch of training for 2023. Congratulations to all participants, and my warm thanks to our special guest speaker on the mediation course, The Hon. Terry Sheahan AC.
In this first Bulletin of the year, we are calling for your ADR Awards Nominations and inviting you to ‘Save the Date’ for the Gala Dinner on 31 March.
The deadline for nominations in the 2022 Australian ADR Awards is fast approaching. It is time to recognise and celebrate successes of the past year. The 26 Award categories are open to all Australia based dispute resolution practitioners and teams. Please see the categories listed and linked below.
This year’s ADR Awards Gala Dinner is at the sensational and all new ‘Sydney Modern Project’ at the Art Gallery of NSW. Arriving from overseas or interstate? ADC has negotiated a discount with Ovolo Hotels (Woolloomooloo a 5-minute walk). Make sure to click the link below to Save the Date for 31 March 2023. Please email ADC for an ‘Ovolo’ code and book your accommodation early as rooms are limited.
To inspire your reflections on 2022, ADC has looked back on its year and our Associate, Chloe Chan, has curated a wonderful highlights video.
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To start your 2023 CPD program in an inspiring yet relaxed summer way, join ADC’s professional Book Club on 1 February.
I am delighted to announce that registrations are also open for the 7th Annual ADC–ICC Asia-Pacific Commercial Mediation Competition, 26 – 28 August 2023. Register your university team or join the competition as a volunteer Judge, Mediator or Session Supervisor. Participation is a meaningful and engaging way for you to connect and mentor future leaders in the business and legal fields, while networking with peers and gaining CPD points.
If 2023 is the year you are planning to complete ADC’s ever-popular Mediation Training and Accreditation programme, Mediator Refresher days, or our 1-day Conflict Resolution & ADR course, the dates and details are all linked below (by month). Seeking In-House training? Please email ADC to arrange a meeting to discuss your specific needs.
This year ADC is expanding the Bulletin’s Thought Leadership series with regular contributions from major law firms. In this edition, Clifford Chance provides a case note on the recent Western Australian Supreme Court decision, Grieve (T/As BG Grieve Builder) v Gould concerning an application to remove an arbitrator due to alleged bias.
Our Intern contributors also take a deep dive into arbitration, looking at what is happening in South Korea and the curious, if not thorny, intersection of arbitration and insolvency.
I wish everyone a great start to 2023, and look forward to seeing you online at Book Club on 1 February and in-person at the ADR Awards Gala on 31 March.
Warm Regards,
Deborah
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Nominate Today!
Australia's 7th Annual ADR Awards
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Recognised by peers, clients and stakeholders the Australian ADR Awards celebrate excellence and the significant contributions of our ADR practitioners to civil society. The ADR Awards bring together a broad-church dispute resolution community to recognise distinction in the sector.
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Nomination submissions are due on 15 February 2023.
Each submission requires two written references. Plan ahead and speak to you referees early. They will inspire you!
Nominating an individual or group anonymously? Contact ADC to let us know and we can contact them directly.
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Save the Date - Gala Dinner - Friday, 31 March
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In 2023, the ADR Awards Gala Dinner is being held at the striking new Sydney Modern Project at the Art Gallery of NSW.
Meet with colleagues in celebration, collegiality and conviviality!
The Gala attracts artistic talent whose values align with the ethos of the ADR Awards. Previous performances have included Australia’s iconic Bangarra Dance Theatre and the acclaimed didgeridoo performer William Barton. Juxtaposed with internationally celebrated performers the Gala draws in brilliant local choirs, heralding guests to dinner.
Dynamism, excitement and meaning are all hallmarks of the Australian ADR Awards night of fun.
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Accommodation Specials – Ovolo Hotels
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ADC has negotiated special rates at Ovolo Woolloomooloo (pictured) and The Woolstore 1888 by Ovolo in Pyrmont. Please contact ADC for the code and take advantage of these specials.
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"This was an extremely professional and educative experience. I've gained a highly valuable skill and couldn't recommend the course more highly." – Peter
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"Absolutely brilliant learning experience. I was particularly impressed by the process of providing feedback on our performance from several experienced coaches. The real-time live assessment was extremely valuable." – Prasuna
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Continuing Professional Development
Now is the time to gain essential skills and qualifications
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ADC’s Flagship Mediation Training & Accreditation
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Advance your skills and career with
ADC’s flagship Mediation Course.
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Learn how to conduct each step of the Mediation Process in line with Australian and International Standards, strengthen your interest-based negotiation skills and hone your online communication skills. ADC’s multidisciplinary course enables you to facilitate the resolution of disputes across a diverse range of business, cultural and social settings with the added advantages of:
- ADC’s prestigious ‘Mediator Accreditation’
- Eligibility for Australian National Mediator Accreditation
- International recognition by the Chartered Institute of Arbitrators (London) through their mediation stream
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How are you tracking with your CPD points for NMAS? Summer is a great time to work with ADC’s leading coaches to polish your professional skills and add new tools to your mediator tool kit for 2023.
ADC has 6 Refresher Days for you to choose over the summer. Check the calendar below and book in your CPD points today!
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Join us for Conflict Resolution, Mediation and Accreditation,
and Mediation Refresher Training:
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Stay Current and Connected!
JOIN ADC's Book Club
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The ADC Book Club features a reading list designed to deepen your dispute resolution knowledge and expertise. Stay current, add CPD points for your NMAS Accreditation and deepen your professional connections in a relaxed online setting (from wherever you are!).
The first Book Club session for 2023 is on Wednesday, 1 February (7.30pm-9.00pm AEDT) and is delving into Bernard Mayer’s seminal text The Conflict Paradox.
ADC Book Club is curated by ADC’s stellar training faculty and meets regularly. Upcoming dates… 1 Feb, 1 March, 5 April, 7 June and 2 August 2023. ‘Save the Dates’ and Join the Conversation HERE!
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International arbitration in South Korea: current status and recent developments*
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by Xiner (Philippa) Hu
As Korea’s economic success story “miracle on the
Han River” spread, it has simultaneously developed into
a global innovation leader in the tech industry. Both
feats, in less than half a century. Its alternative dispute
resolution (ADR) techniques were, and continue to be,
effective in facilitating cross-jurisdictional trade and
commercial growth. This discusses critical
aspects of the processes and recent trends in arbitration
in South Korea to identify its core features and potential
development path.
* This article was first published in the LexisNexis ADRB, Issue 1, Volume 7 (November 2022).
Read more HERE –>
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Grieve (T/As BG Grieve Builder) v Gould [2022]
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by Sam Luttrell and Joshua Banks
In a recent decision the Supreme Court of Western Australia dismissed an application to remove an arbitrator pursuant to s 13(4) of the Commercial Arbitration Act 2012 (WA). This decision confirms that the legislation left no room for the 'reasonable apprehension of bias' test under the CAA.
Read more HERE –>
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Curious Case of Conflicting Principles: Arbitration and Insolvency Interplay
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by Samridhi Shrimali and Alay Raje
Recent years have seen a rapid escalation of complex commercial investments, transactions, and volatile economic growth. The efficacy of a dispute resolution mechanism becomes challenging when two legislative frameworks intersect. Insolvency law has a centralised, formalistic framework and requires consolidation of all claims. In contrast arbitration advocates decentralisation. This article seeks to decipher the implications for an insolvency-affected arbitration.
Read more HERE –>
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Part 8 - Where does ADR fall short?
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Final videos in the series
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The Role of ADR in Resolving Workplace Disputes: Importance and Benefits of ADR
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Aayam Shrestha, UNSW Law School
With over two million actively trading businesses in Australia, and 13.3 million employees as of March 2022, it is safe to say that ADR processes are indispensable tools in workplace dispute management.
Aayam Shrestha, tackles the fraught area of workplace relations in this series of short videos, together with special guests Adam Guy, barrister at HB Higgins Chambers, and Senior Industrial Officer Stanley Koulouris. We are delighted to share the final videos in the series with you.
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Australian Disputes Centre
Lockhart Chambers, LGF, 233 Macquarie Street, Sydney NSW 2000
P: 61 2 9239 0700
E: info@disputescentre.com.au
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