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 [...]
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So far Michael Lockhart has created 64 blog entries.
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 [...]
Dear Friends and Colleagues, I would like to add the voice of the Australian Disputes Centre to the many tributes made to Sir Laurence Street over the past week. After a stellar legal career, Sir Laurence opted to use his knowledge of the law, his connections and his authority to help the early years of ADR in this country. What is now a commonplace approach to the management of commercial disputes, was at the time regarded as revolutionary, and [...]
by Judge Kevin S Burke Download the full Suggestion HERE
Reasonableness – a fundamental aspect of a lawyers’ duty to the court and the administration of justice.
The Hon. Justice Robert McClelland 8 February 2018 Firstly I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today. I would also like to pay my respects to Elders past and present. Secondly, I would like to thank the ADC for inviting me to speak here today on the topic of reasonableness and how reasonableness is a fundamental aspect of a lawyers’ duty to the court and the administration of justice. Speaking at [...]
The Hon. Chief Justice Wayne Martin I am greatly honoured to have been invited to give the inaugural annual ADR address, which I understand is to be presented annually by the Australian Disputes Centre. I thank Deborah Lockhart, the CEO of the Centre, and her team, for the considerable effort that they have put into the organisation of this event. The national approach and operation of the Centre is evident in its choice of Perth as the venue for this [...]
By Vicky Ioannides (Business Development Director, DTI) and Leopold Lucas (Business Development Representative, DTI) Joint conferences, or expert conclaves, are increasingly being used to ensure the “just, quick and cheap resolution of disputes” in accordance with the Civil Procedures Act 2010. These reports are often integral to the success or failure of a trial. The basis of the process is to gather together all the experts in one place and allow them to discuss the matters for consideration prior to the [...]
by GONZALO VIAL Gonzalo Vial is a Senior Associate at Bulnes, Urrutia & Bustamante, Fulbright Scholar and a former ADC Researcher. Read full article HERE Gonzalo Vial
In a recent decision,1 the Supreme Court of New South Wales ordered that court proceedings between shareholders in a Taiwanese bubble tea company be stayed in favour of UNCITRAL Rules arbitration at the Hong Kong International Arbitration Centre. The dispute arose between two shareholders of Infinite Plus, an Australian company that acts as franchisor for the publicly-listed Taiwanese bubble tea company, La Kaffa International Co Ltd (La Kaffa Taiwan), operating under the brand "ChaTime". One of the shareholders, Yang Yang [...]
Effective dispute resolution (DR) processes must fit the unique circumstances of a dispute and the particular needs and dynamics of parties. DR practitioners must be mindful of these complex variables when designing the process. This article outlines practical tips and tools for DR practitioners in designing effective DR processes, and considers the important role of party advisors in assisting their clients. It provides a useful table outlining various process elements that can be considered and adjusted by practitioners and advisors. [...]