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ADRA Conference Report

  The dynamic and quickly evolving nature of dispute resolution in Australia was explored in detail at the ADRA State of Dispute Resolution Conference and Workshop at Clayton Utz, Sydney on 22 August 2017. The day, introduced by Mary Walker on behalf of ADRA, saw keynote addresses from two senior members of the judiciary – the Honourable Patricia Bergin and the Honourable Thomas Bathurst AC. The Keynote speakers, together with specialist ADR presenters explored topical issues affecting the ADR industry. [...]

ADRA Conference Report2019-09-21T11:34:04+10:00

The benefits of using real-time transcription in arbitration

Introduction Real-time court reporting involves the attendance of onsite stenographers who are writing in stenographic code at speeds of up to 280 words per minute, and at 98% accuracy. There is currently no quicker way to get an accurate transcript of proceedings in a hearing. What is real-time? Real-time transcription services provide users with a live feed of legal proceedings as they happen. A real-time team – consisting of a highly skilled real-time court reporter and an editor – attend [...]

The benefits of using real-time transcription in arbitration2019-09-21T11:34:04+10:00

Recent investment arbitration developments in Australia

Recent changes to Australian gas export and taxation policy serve as reminders that the protections afforded to investors under investment treaties are not only relevant to investors in emerging markets. Investment treaties are also relevant to investors in modern and developed jurisdictions with widely recognised adherence to the rule of law. Three developing investor-state arbitrations in Australia, each also concerning alleged expropriation and breaches of other common investment treaty protections, demonstrate the relevance of investment treaty protections in jurisdictions of [...]

Recent investment arbitration developments in Australia2017-09-12T10:53:06+10:00

Case note: AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765

In the recent decision in AGL Energy Limited v Jemena Gas Networks (NSW) Ltd, Hammershchlag J of the Supreme Court of New South Wales refused to refer an action commenced in the Court to arbitration pursuant to s 8(1) of the Commercial Arbitration Act 2010 (NSW) (the Act). The case arose in the context of two "Reference Service Agreements" between AGL Energy Limited (AGL) and Jemena Gas Networks (NSW) Ltd (Jemena) (the Agreements).  The consecutive – and near identical – [...]

Case note: AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 7652019-09-21T11:34:05+10:00

2017 Australian ADR Awards Announced

The Australian Alternative Dispute Resolution Awards for 2017 have been announced with a diverse group of winners recognised for their contributions to the development of Alternative Dispute Resolution in Australia in all its forms. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the awards at a ceremony held at Ashurst on August 10th 2017. Among the winners are: Mediator of the Year: Mary Walker, [...]

2017 Australian ADR Awards Announced2019-09-21T11:34:05+10:00

2017 Family Dispute Resolution Practitioner of the Year Announced

Susan Hamilton-Green, from Melbourne’s Creative family Law Solutions, has been announced as the Family Dispute Resolution Practitioner of the Year in the annual Australian Dispute Resolution Awards. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the award to Ms Hamilton-Green at the awards ceremony held at Ashurst on August 10th 2017. The award recognises Ms Hamilton-Green’s commitment to family dispute resolution both through the [...]

2017 Family Dispute Resolution Practitioner of the Year Announced2019-09-21T11:34:05+10:00

HAVE LAWYERS HIJACKED THE PROMISE OF MEDIATION?

On 18 May 2017, the Australian Disputes Centre (‘ADC’) had the pleasure of hearing a seminar run by Max Kimber SC, Barrister at State Chambers. With more than 30 years dispute resolution experience in work-related matters, the Alternate Dispute Resolution (‘ADR’) specialist discussed the crucial role of lawyers in the education and facilitation of mediation. In criticising the adversarial approach adopted too often by lawyers in mediation processes, he notes that the promise of mediation given to clients falls regrettably [...]

HAVE LAWYERS HIJACKED THE PROMISE OF MEDIATION?2019-09-21T11:34:05+10:00

Case note: Eskosol S.p.A in liquidazione v Italian Republic (ICSID Case No. ARB/15/50) Decision on Respondent’s Application under Rule 41(5)

Introduction In a recent decision under Rule 41(5) of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID), an insolvent Italian company's claims against the Italian Republic (Italy or the State) under the Energy Charter Treaty (the ECT) were found not to be "manifestly without legal merit".1 While the Tribunal's decision is the product of a summary process in which a very high standard of proof applies, and does not therefore amount to a final analysis [...]

Case note: Eskosol S.p.A in liquidazione v Italian Republic (ICSID Case No. ARB/15/50) Decision on Respondent’s Application under Rule 41(5)2019-09-21T11:34:05+10:00

NOMINATIONS OPEN: Australian ADR Awards 2017

Australian ADR Awards 2017 We are delighted to invite you to participate in the Australian ADR Awards 2017. The annual Awards recognise excellence in ADR and nominations for 2017 have opened. For details of all fifteen Award Categories and the online nomination forms click HERE. We encourage you to start preparing your nominations today!

NOMINATIONS OPEN: Australian ADR Awards 20172019-09-21T11:34:06+10:00

8th Asia Pacific Mediation Forum (APMF) Conference in Da Nang, Vietnam, November 2017

The 8th Asia Pacific Mediation Forum (APMF) Conference, ‘The Future of Mediation in the Asia Pacific Region’, will be held in Da Nang, Vietnam, November 11-13, 2017 - https://apmf2017.mediation.vn The APMF Executive and Vietnam Conference Organising Committee invite potential conference presenters to submit a 300 word biography and a 500 word abstract of a proposed conference paper, workshop or poster by July 10th, 2017. All presenters will be required to register and pay for the conference. Early Bird registrations are [...]

8th Asia Pacific Mediation Forum (APMF) Conference in Da Nang, Vietnam, November 20172017-06-20T12:12:16+10:00

Upcoming Events

  • Online Mediation Accreditation Day
    • October 1, 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…

  • Accelerator Online Mediation Training – October 2020
    • Days 1 - 3
      October 14, 2020 - October 16, 2020
      10:00 am - 1:15 pm
    • 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,…

  • Online - Conflict Resolution & ADR
    • 2 days (3 hours a day)
      October 14, 2020 - October 15, 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…

  • Supreme Court of New South Wales – ADR Address 2020
    • October 15, 2020
      5:00 pm - 6:00 pm
  • Mediator Refresher - How to Mediate Online
    • Essential Mediator Training (Fri. & Mon. 3 hours a day)
      October 23, 2020 - October 26, 2020
      10:00 am - 1:15 pm
    • 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 - 10:30 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…