About Michael Lockhart
This author has not yet filled in any details.So far Michael Lockhart has created 133 blog entries.
loading...
APCMC 2023 – Insights from a Team Coach
7th Annual ADC-ICC Asia-Pacific Commercial Mediation Competition Irene Ma, University of Sydney APCMC 2023 concluded on 28th August, marking the end of a stimulating and highly successful three-day student event held online. Hosted by the Australian Disputes Centre (ADC) and the International Chamber of Commerce Australia (ICC), the competition attracts talented student teams from leading universities across the globe. This competition provides a unique and valuable learning experience for our students to learn negotiation skills in a commercial mediation [...]
Henry Jolsen Prize 2023 – Prize-giving Speech
by Tasman Fleming, Victorian Bar I would like to begin by acknowledging the Woi Wurrung Wurunjeri people of the Kulin Nation, the traditional owners of the land including earth, water and sky, on which I live and work and pay my respects to the elders past present and emerging, I extend that to elders of first nations who may be present. Your Honour, Distinguished guests, competitors and competition judges and mediators. On behalf of the Alternative Dispute Resolution Committee [...]
Mediation in North Africa: the evolution of traditional values in a diverse contemporary context
By Rohit Ray, 3rd Year, BA.LLB (Hons.) West Bengal National University of Juridical Sciences 1. Introduction Northern Africa is not new to mediation as a form of dispute resolution, as the concept comes from principles engrained in Islam, established in the Holy Quran and Hadith. The concept of Sulh denotes amicable dispute resolution using methods like negotiation, mediation, and arbitration, and represents the ideal way of progressing through conflict.[1] Today, mediation is at the forefront of dispute resolution initiatives [...]
Understanding mediation – a practical approach
by Peter J Keel, Mediator This article looks at the mediation process from the decision to mediate until the resolution of the dispute. It provides practical advice as to how to approach each stage of the mediation. There are many ways of resolving disputes - at one extreme is negotiation between parties. This generally remains confidential and if it can be achieved is the cheapest and often the most efficacious means of resolution. Mediation sits next to negotiation because [...]
Vale – Rory O’Moore
Sadly, there are not many Rory O’Moores in the world – and perhaps this is the theme of this Obituary. Recently, Australians commemorated the ANZAC tradition where that theme is reflected in: “Age shall not weary them, nor the years condemn”. And that is the loss we, particularly in the Mediation world, share with the recent passing of Rory O’Moore. Because, in every sense, Rory was a pioneer in NSW in the theatre of resolving conflict, and I refer [...]
Bifurcation of Proceedings – Be Careful What You Wish For – A Cautionary Tale
Clifford Chance INTRODUCTION Proceedings (be they curial or arbitral) are traditionally determined in their entirety on a once and for all basis, in the interests of finality and certainty. However, Courts and Arbitrators alike[1] have an armoury of procedural tools at their disposal to optimise procedural efficiencies in hearings. These include: submitting a case stated on specific question(s) of law, identifying specific preliminary issues for advance determination,[2] or bifurcating [...]
Unlocking India: Potential for Investment and Growth in India’s Legal Sector
By: Austyn Campbell, Solicitor, Commercial Litigation and International Arbitration On 13 March 2023, the Bar Council of India took a historic step toward the liberalisation of its legal profession. Previously, the Indian legal market was off-limits to foreign lawyers and foreign law firms. Many international firms had therefore taken steps to build strong relationships with India’s domestic firms to facilitate the timely resolution of clients’ disputes. The Bar Council of India’s Rules for [...]
Recognise and enforce an ICSID award in Australia, but execution may be a different matter! Kingdom of Spain v Infrastructure Services Luxemburg S.à.r.l [2023] HCA 11
by Campbell Norton[1] and Jamie Calvy,[2] Clifford Chance Introduction On 12 April 2023, the High Court of Australia handed down its decision in Kingdom of Spain v Infrastructure Services Luxemburg S.à.r.l.[3] The High Court has largely upheld the previous decisions of the Federal Court by recognising an award issued under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). This is the first [...]
CASE NOTE: Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584
by Joshua Banks & Dr Sam Luttrell, Clifford Chance, Perth In a recent decision,1 the Federal Court of Australia granted enforcement of an arbitral award issued by the Beijing Arbitration Commission for over AUD 40 million plus interest, pursuant to section 8(3) if the International Arbitration Act 1974 (Cth) (the IAA). The respondent (one of the award debtors) sought to oppose the enforcement on grounds that enforcement of the award would [...]