Seventh Asia Pacific Mediation Forum: Synergizing Eastern and Western Constructs of Mediation towards Better Understanding In a landmark effort to establish mediation in Indonesia, the seventh Asia Pacific Mediation Forum (APMF) Conference was held in Lombok, ‘Synergizing Eastern and Western Constructs of Mediation towards Better Understanding’, between 10 - 12 February 2016. Dr Dale Bagshaw, Professor at the University of South Australia and inaugural president of the APMF, oversaw the Conference. Project SUSTAIN, a European Union and United Nations [...]
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Finding a path through the maze of expert evidence What you need to know Concurrent evidence has a long history in international arbitration. While it has some drawbacks, it has also been viewed as a success in the Australia courts and, partly on the back of that success, has been adopted in courts in the United Kingdom, Singapore and Canada. The advantages of concurrent evidence apply equally whether the dispute is resolved by a court or by arbitration, however, in [...]
An Interview with David Peachey, recipient of the ADC’s Aboriginal and Torres Strait Islander Mediation Training Scholarship
David Peachey, (former NRL player and mediator) In May 2014, the Australian Disputes Centre launched its Aboriginal and Torres Strait Islander Mediation Training Scholarships Program, an initiative that offers indigenous Australians the opportunity to be trained to the national mediation standards. The aim of the program is to promote mediation as an alternative form of dispute resolution in Aboriginal and Torres Strait Islander communities. By training indigenous Australians, organisations and communities benefit from a mediator who understands the [...]
WHAT YOU NEED TO KNOW Although Australia is not presently a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here. When drafting dispute resolution clauses, it may be relevant to the question of whether and where to arbitrate or litigate, to consider the relevance of the Hague Convention, together with other avenues of enforcement of foreign judgments (for example, legislation on the reciprocal enforcement of foreign judgments such as the Foreign [...]
Mediation: concept and advantages Commercial mediation is an alternative dispute resolution procedure whereby “(…) two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator”. It can be considered international when it involves transnational relations. Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is [...]
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
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 [...]
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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
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 [...]