About Michael Lockhart

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So far Michael Lockhart has created 62 blog entries.

United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?

By Ying Xia   On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a fairly [...]

United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?2019-09-21T11:33:56+10:00

An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration

By Lena Lindinger* With the Australian Law Reform Commission having recently published its report on third party funding in litigation, it is timely to discuss the current and evolving role of third party funding in international arbitration in Australia and globally. Third Party Funding in International Arbitration Third Party Funding (‘TPF’) arises when investors finance a legal claim in exchange for influence over case management and a financial share in the damages recoverable from the case.1 Litigants in many European [...]

An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration2019-09-21T11:33:56+10:00

Dispute Resolution Strategies in Family Law Matters

We are privileged to publish the paper presented by The Hon. Justice Robert McClelland at the Australian Disputes Centre, 14 February 2019. Download in PDF: Justice McClelland - Dispute Resolution Strategies in Family Law

Dispute Resolution Strategies in Family Law Matters2019-03-07T09:19:06+11:00

Rusoro Mining Ltd v Bolivarian Republic of Venezuela

By Rouein Momen* The recent ruling of the Paris Court of Appeal set aside the $1.2B damages ordered against Venezuela in compensation for the expropriation of a Canadian mining company’s assets and investment. The French appellate court’s decision comes nearly a year after a D.C. federal court upheld the validity of the amount of damages originally ordered. Rusoro Mining LTD, a Canadian company, controlled 24 Venezuelan subsidiaries holding a total of 58 mining concessions and contracts between the years 2006 [...]

Rusoro Mining Ltd v Bolivarian Republic of Venezuela2019-03-07T09:04:50+11:00

The International Chamber of Commerce updates its guidance on the conduct of arbitration to drive transparency and efficiency

By Rouein Momen* The International Court of Arbitration, a branch of the International Chamber of Commerce (‘ICC’), has updated its ‘Note to Parties and Arbitral Tribunals on the Conduct of Arbitration’. This revision came into force on 1 January 2019. The amendments are aimed at improving the transparency and efficiency of the conduct of arbitration and to encourage the ICC rules of arbitration to compete with the ICSID (International Centre for Settlement of Investment Disputes) rules. For arbitrations registered on [...]

The International Chamber of Commerce updates its guidance on the conduct of arbitration to drive transparency and efficiency2019-09-21T11:33:56+10:00

Recent Amendments to the Telecommunications (Arbitration) Regulations 1997 (Cth)

By Christian Santos* The Telecommunications (Arbitration) Regulations 2018 (Cth) (‘the TAR’) has made changes to the arbitration of disputes by the Australian Competition and Consumer Commission (ACCC). The significant changes follow: 1. ACCC Conduct of Arbitrations Regulation 14 of the TAR gives greater flexibility to the ACCC in how it may conduct the arbitration of a dispute. The ACCC may either conduct an arbitration ‘on the papers’, or hold an arbitration hearing, in-part on the papers and in-part by arbitration [...]

Recent Amendments to the Telecommunications (Arbitration) Regulations 1997 (Cth)2019-03-07T08:58:12+11:00

Beware the Champagne Clause: When the Effervescence Fades, It May Just Be Pathological.

by Donna Ross*   Good drafting makes for good contracts and good business relationships. Yet these principles are often forgotten when it comes to drafting dispute resolution clauses. They are often an afterthought and an inopportune one at that, as once the rest of the contract has been agreed, the parties prefer celebration to discussing what might go wrong. For this reason, the champagne clause, sometimes called an eleventh hour or midnight clause,  is more often than not unclear, incomplete or [...]

Beware the Champagne Clause: When the Effervescence Fades, It May Just Be Pathological.2019-09-21T11:33:56+10:00

New Panel Supporting Booming Indigenous Business

While the property markets and other parts of the economy may be slowing, a little-noticed sector has been quietly roaring­. Indigenous-owned business is booming and the ADC has launched a new national ADR body, the First Nations’ Mediation Panel, to support and take advantage of what looks to be a game changer in indigenous enterprise. A 2018 report released by the indigenous consulting arm of Price Waterhouse Coopers found indigenous-owned business contributed up to $6.6 billion to the Australian economy [...]

New Panel Supporting Booming Indigenous Business2019-01-29T10:57:04+11:00

eArbitrations – Bridging the gap in international arbitration

Imagine a hearing room full of high-definition monitors replacing the millions of paper folders involved in your arbitration. From small, local to large-scale, international arbitrations, innovative electronic arbitration (eArbitration) technology allows you to go paperless. By transforming how your legal team works you can make arbitral processes easier, quicker, and more cost-effective. International collaboration The major benefits of eArbitrations lie in their collaborative potential; they enable collaboration between legal teams, experts, and clients in highly scalable and customisable cloud-based workspaces. [...]

eArbitrations – Bridging the gap in international arbitration2019-09-21T11:33:56+10:00

The Value of Mediator Soft Skills to Modern Commercial Practice

Greg Rooney by Greg Rooney*   Mediation has an identity issue - but it’s not its fault. Mediators - and the profession they practise called mediation - merely sit as innocent bystanders observing how the modern collaborative interconnected economy has challenged the identity and, in some cases, the very existence of the established professions and commercial and social institutions. We now live in a time where a world of connectivity and fluidity has replaced the 20th- century Newtonian [...]

The Value of Mediator Soft Skills to Modern Commercial Practice2019-09-21T11:33:57+10:00

Upcoming Events

  • Online Mediation Accreditation Day
    • July 12, 2020
      9:30 am - 3:30 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
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      August 5, 2020 - August 7, 2020
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    Upskill and Accelerate your Career. ADC’s Prestigious Mediation Training Is Now Available ONLINE! Choosing the ADC difference and Staying Connected… How do you become a nationally…

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      August 5, 2020 - August 6, 2020
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    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…

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      August 14, 2020 - August 17, 2020
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      August 18, 2020 - August 19, 2020
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    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
    • August 20, 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…

  • Conflict Resolution & ADR - Adelaide
    • August 26, 2020
      8:30 am - 5:00 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…

  • ADC-ICC Asia-Pacific Commercial Mediation Competition 2020 Registration
    • Asia-Pacific Commercial Mediation Competition
      August 30, 2020 - September 1, 2020
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  • Mediation Training - South Pacific
    • Days 1 - 3
      September 9, 2020 - September 11, 2020
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      September 14, 2020 - September 15, 2020
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    Great News! This Course Is Now Fully Available ONLINE! Email us to find out how you can become an accredited mediator in less than 14…

  • Conflict Resolution & ADR - South Pacific
    • September 9, 2020
      8:30 am - 5:00 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 - South Pacific
    • One day Mediation Refresher Training
      September 14, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      September 15, 2020
      8:30 am - 5:00 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…