About Michael Lockhart

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So far Michael Lockhart has created 64 blog entries.

Technology and dispute resolution: contemporary developments

By Andrea Soriano*   Introduction In a speech delivered at the Inaugural Supreme Court ADR[1] Address in September 2018, Bathurst CJ of the Supreme Court of New South Wales remarked upon technology and the future of alternative dispute resolution, as well as the courts.[2] He concluded that collaboration between stakeholders – courts, ADR professionals, and the public alike – are essential to cultivating effective technology solutions that improve access to justice. In line with this notion of collaboration, the Australian [...]

Technology and dispute resolution: contemporary developments2019-09-21T11:33:56+10:00

Alternative Dispute Resolution in Environmental Disputes

by Deborah Lockhart and Christian Santos[1]   ADR[2] has grown significantly in Australia not merely in the footsteps of its international popularity, but as a frontrunner in a global push for timely and cost effective dispute resolution. When speaking at the Australian Disputes Centre in 2017, Chief Justice Tom Bathurst, stated that it is “fair to say now that ADR has evolved to the stage not merely of being additional or supplementary but complementary and integrative.”[3] Environmental law is a [...]

Alternative Dispute Resolution in Environmental Disputes2019-09-21T11:33:56+10:00

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

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…