ADR v Adjudication: Jurisprudential and Socio-Economic Considerations The Hon. Chief Justice Chris Kourakis’ SA Supreme Court Address Crypto-currency and medieval market fair courts may have more in common than first meets the eye. Kourakis CJ takes us back to the future in postulating how disputes involving new technologies may best be resolved. The Australian Disputes Centre received a warm welcome at the Supreme Court of South Australia in hosting the Court’s inaugural ADR Address on 18 October 2018. Chief Justice [...]
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So far Michael Lockhart has created 62 blog entries.
On 6 June 2018, the first Court of Arbitration for Art (CAfA) was officially launched at The Hague. This specialist court arose as a response to the art market’s critique that traditional judges and juries lack the expertise required to determine esoteric issues such as authenticity. Though located at The Hague, proceedings may take place anywhere in the world. A significant feature of the CAfA rules is that proceedings only utilise tribunal-appointed experts when determining questions of origin and matters [...]
by Alicia Sharma* The effective administration of justice has been shown to be vital to nurturing economic growth and thus ought to remain a priority for all developing nations. India’s lack of a structured and systematic approach towards development is particularly evident from India’s justice system. India’s enormous population, which accounts for over 17% of the global population (World Population Review, 2018), gives rise to particular complexities in India’s legal system. Considering the maxim ‘justice delayed is justice denied’, one [...]
ADR, ODR AND AI-DR, OR DO WE EVEN NEED COURTS ANYMORE? The Hon. Chief Justice Tom Bathurst AC The Supreme Court of NSW Wales warmly welcomed some 180 guests at the Court’s inaugural ADR Address on 20 September 2018. Living in an age of the Fourth Industrial Revolution, computers are increasingly capable to outperforming humans, possibly leading to supplanting the role of legal professionals altogether. Bathurst CJ identifies two main ‘supportive’ technologies that could transform both court proceedings and ADR [...]
The Hon. Christopher Finlayson QC’s insights as the Minister for Treaty of Waitangi Negotiations “Many of the disputes arise because of personality differences and poor interpersonal relationships. I often quote former Northern Ireland Secretary Willy Whitelaw who would lament about meeting Catholics and Protestants in Belfast. He concluded some of them couldn’t even agree on what day it was.” With humorous and insightful commentary from his experience as the former Attorney General of New Zealand and Minister for Treaty of [...]
Innovation in Cross-cultural Dispute Resolution The ADC’s First Nations Panel was launched in Sydney on 10 August 2018. In celebration of the new Panel, we were honoured by the Welcome to Country extended by Nathan Moran, CEO, Metropolitan Local Aboriginal Land Council. To mark the Panel’s launch and its significance, Aboriginal Elder and a Board Member of Deerubbin Local Aboriginal Land Council, Graham Davis-King, also generously extended his congratulations and engaged attendees in song and ceremony. Mr Moran later presented [...]
Professor Peta Spender, Deputy Dean of ANU Law School Statistically, more people will go to their health or welfare advisers than a private lawyer for legal advice.1 As Professor Peta Spender, Deputy Dean of ANU Law School, pointed out in her presentation at ADC’s Innovate, Mediate and Thrive! Symposium, this certainly raises doubts about the accessibility of the civil justice system currently. Highlighting a number of key innovations in the civil ADR space, Professor Spender’s presentation left no doubts as [...]
The Australian Disputes Centre announces the launch of its First Nations’ Mediation Panel. “This Panel of specialist Aboriginal and Torres Strait Islander dispute resolvers builds on ADC’s work within the community and brings additional focus and resources to the significant opportunities for culturally appropriate dispute resolution” says CEO, Deborah Lockhart. In assisting disputing parties to resolve their issues, the Australian Disputes Centre has been appointing arbitrators, mediators and experts from its independent Panels over many decades, and more recently [...]
The Global Data Trends and Regional Differences preliminary report from the Global Pound Conference (GPC) Series has something to say about Australia: it’s ripe for an alternative dispute resolution revolution. The report drew input from a global cast of stakeholders in international dispute resolution. In the aggregate, its results were not surprising, highlighting a global focus on efficiency, collaboration, and pre-dispute and mixed-mode dispute resolution protocols. Within the report, Oceania, consisting of Australia and New Zealand, stood out. The report [...]
Back to the Future of Cross-Border Contracts: What 60 years of the New York Convention means for the commerce of today and the conflicts of tomorrow. The New York Convention is a global instrument, but its effects are felt on a local level, and its scope of operation is defined by the flows of international trade. ACICA’s Symposium on Underwriting Cross-Border Contracts, celebrated the New York Convention’s 60th birthday by addressing the domestic and international role of the Convention. The [...]