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State Supreme Courts Consider Arbitrability of Corporations Act Claims

WHAT YOU NEED TO KNOW: Two recent Supreme Court decision affirm previous authority to the effect that Courts will not decline to refer a proceeding to arbitration simply because it includes statutory claims under the Corporations Act. An exception is where the claim relates to the dissolution or winding up of a company. Such claims have not been referred to arbitration for reasons of public policy. Lorraine Hui, Georgia Quick and Ursula Adamiec Read Full Article Here HERE

Arbitration Update

Disguised factual challenges given short shrift: State Supreme Courts defend arbitral awards WHAT YOU NEED TO KNOW There are limited grounds on which an international or domestic award can be refused recognition or enforcement. Commonly argued grounds include denial of natural justice in connection with the making of the award, and that enforcement of the award would be contrary to public policy. Courts will not refuse enforcement on the basis of challenges to factual findings in an award which are disguised as complaints about [...]

Recent International Commercial Arbitration and Investor-State Arbitration Developments Impacting on Australia’s Investments in the Resources Sector

Nottage, Luke R. and Butt, Simon, Recent International Commercial Arbitration and Investor-State Arbitration Developments Impacting on Australia's Investments in the Resources Sector (April 16, 2014). ARBITRATION AND DISPUTE RESOLUTION IN THE RESOURCES SECTOR: A COMPARATIVE PERSPECTIVE, P. Evans and G. Moens, eds., Springer, 2015 Forthcoming; Sydney Law School Research Paper No. 13/71. Available at SSRN: http://ssrn.com/abstract=2340810 or http://dx.doi.org/10.2139/ssrn.2340810

The Great Debate Continues

ADC’s Schools Invitational Debating Competition is in full swing for its second successful year The inaugural success of the Australian Dispute Centre’s School Debating Competition placed the competition in great stead for another year of building relationships, convincing arguments and a lot of fun. The competition runs from July to September as one of ADC’s corporate social responsibility initiatives and provides the opportunity [...]

Is workplace conflict more prevalent and how is it best managed?

Is workplace conflict more prevalent and how is it best managed? ADC has been at the forefront of workplace conflict resolution for nearly 30 years. In the first of its new Bulletin series on workplace issues, Keith Welsh (Mediator and Owner of Velocer Music - ICEHOUSE/Savage Garden) speaks with Salli Browning (Mediator, Workplace Consultant and music aficionado) about workplace dispute resolution. Read more Our media is filled with stories about rising Workers Compensation and indemnity costs, bullying complaints and workplace [...]

Centre Events

ACICA 30th Anniversary Cocktail Reception [Left to Right] Khory Mcormick, Georgia Quick, Ian Nosworthy, Justice Steven Rares, Chief Justice James Allsop AO, Alex Baykitch, James Spigelman AC QC, Justice Michael Ball, Chief Justice Tom Bathurst AC, Justice Lindsay Foster, John Wakefield, Michael Talbot, Ian Govey AM Chief Justice Robert French Alex Baykitch: ACICA President Senior Members of the Court of Justice, Thailand John Wakefield and Chris Le Mercier with Mr Suriyong Limsatiranan (President of [...]

ADC Evening Seminar Series

As part of ADC’s first Thursday of the month evening seminar series, ADC was pleased to host Ms Tania Sourdin and Mr Tom Howe QC in May and June 2015. The overarching theme of these two evening seminars was ADR in the government sector. Mr Howe’s general overview of ADR in the government sector was complimented by Ms Tania Sourdin’s specific review of ADR at the ATO. Both presentations highlighted the successes and the challenges facing the implementation of ADR [...]

Australian Courts Beat the Clock in Formula One Pre-race Skirmish

On 5 March 2015 an application was made to the Supreme Court of Victoria for enforcement of a foreign arbitral award. By 12 March 2015, the matter had been heard, the decision of Justice Clyde Croft had been handed down and the Victorian Court of Appeal had upheld his decision to enforce the award. The two decisions and the speed with which they were delivered, are an unequivocal demonstration of the Australian judiciary’s supportive approach to ensuring the certainty and [...]

Michael Talbot – Effective Dispute Resolution: A view from Australia

In a recent road show to New Delhi, Michael Talbot spoke at a joint conference presented by the Australian Disputes Centre, the Australian Centre for International Commercial Arbitration and the International Centre for Alternative Dispute Resolution when he discussed Australia’s ADR landscape; citing the efficient administration of justice via legal frameworks and professional mediator accreditation as central to the prompt and efficient means of resolving disputes. In discussing the significance of effective dispute resolution at the Conference, and later to [...]

Bula Bula: Hello from Fiji

ADC recently delivered its flagship Mediation course in Fiji. Trainers Sarah Blake and Prof Laurence Boulle embarked on the exciting opportunity with participants representing the diversity of the island nation and one student who travelled from Perth, WA for the course. From a training perspective, it was exciting to observe participants developing a deeper understanding of mediation, the process and skills required. Over the course of the week there was a substantial improvement in participants’ capacity to facilitate the mediation [...]

Upcoming Events

  • Complaints Handling Training - April 2024
    •  April 30, 2024
       9:30 am - 4:30 pm

    Do you handle complaints or deal with difficult clients? Managing complaints effectively is essential for the success of any business, government department or not-for-profit organisation. …

  • Facilitating Difficult Discussions – May 2024
    •  May 2, 2024
       10:25 am - 5:25 pm

    If you've ever searched for what to say and how to say it then this is the course for you! Facilitating Difficult Discussions is intended for anyone who…

  • Online Mediation Training – May 2024
    • Days 1 - 3
       May 8, 2024 - May 10, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       May 13, 2024 - May 14, 2024
       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 2024! Become a…

  • Online - Conflict Resolution & ADR - May 2024
    • Conflict Resolution & ADR Training
       May 8, 2024
       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 – May 2024
    • One day Mediation Refresher Training
       May 13, 2024
       9:30 am - 4:30 pm
    • One day Mediation Refresher Training
       May 14, 2024
       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…

  • Mediation/Conciliation Accreditation Day – May 2024
    •  May 15, 2024
       9:30 am - 4:30 pm

    Essential Accreditation for Mediators and Conciliators ADC Mediation/Conciliation Training participants (only), who are seeking formal recognition of their skills are eligible to enrol in ADC’s…

  • Online Mediation Training – June 2024
    • Days 1 - 3
       June 12, 2024 - June 14, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       June 17, 2024 - June 18, 2024
       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 2024! Become a…

  • Online - Conflict Resolution & ADR - June 2024
    • Conflict Resolution & ADR Training
       June 12, 2024
       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 – June 2024
    • One day Mediation Refresher Training
       June 17, 2024
       9:30 am - 4:30 pm
    • One day Mediation Refresher Training
       June 18, 2024
       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…

  • Mediation/Conciliation Accreditation Day – June 2024
    •  June 19, 2024
       9:30 am - 4:30 pm

    Essential Accreditation for Mediators and Conciliators ADC Mediation/Conciliation Training participants (only), who are seeking formal recognition of their skills are eligible to enrol in ADC’s…

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