By Deborah Lockhart Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin The India – Australia Relationship Recent years have seen remarkable growth in the trading relationship between India and Australia. Two-way trade in goods and services has grown in value from $6.8 billion in FY2003-04 to $14.8 billion in FY2013-14.[1] The Australian Government has marked the Comprehensive Economic Cooperation Agreement (CECA) as one of its key priorities, with its Trade and Investment Minister Andrew Robb visiting India four times [...]

On Thursday 23 June, the NSW Young Lawyers’ International Law Committee in partnership with the Australian Centre for International Commercial Arbitration (ACICA) and the Australian Disputes Centre (ADC) launched its inaugural International Negotiation and Dispute Resolution Seminar Series at a delightful evening event held at the offices of Baker & McKenzie in Sydney. The aim of the project is to give Series participants, all young aspiring lawyers, a greater understanding of different areas of international dispute resolution in private law, public law and investment [...]

By Deborah Lockhart and Katlyn Kraus Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin Indonesia is the third largest democracy in the world and as the largest of the Association of Southeast Asian Nations (ASEAN), it is an increasingly significant economic and regional partner for Australia. Particularly important for both nations is the two-way trade of goods and services, which continues to rise each year. In 2014, that trade exceeded $15.6 billion. Austrade estimates that there are over 400 [...]

Seventh Asia Pacific Mediation Forum: Synergizing Eastern and Western Constructs of Mediation towards Better Understanding In a landmark effort to establish mediation in Indonesia, the seventh Asia Pacific Mediation Forum (APMF) Conference was held in Lombok, ‘Synergizing Eastern and Western Constructs of Mediation towards Better Understanding’, between 10 - 12 February 2016. Dr Dale Bagshaw, Professor at the University of South Australia and inaugural president of the APMF, oversaw the Conference. Project SUSTAIN, a European Union and United Nations [...]

Dear Friends, Colleagues and Alumni Happy New Year! We wish you much happiness and prosperity in 2016 and thank you for your tremendous support over the past 30 years! In January 1986: INTERNATIONAL MILESTONE January 1 - International Year of Peace is proclaimed AUSTRALIAN MILESTONE January 2 - Australian Disputes Centre is incorporated Celebrating 30 Years Stay tuned… for dazzling events throughout 2016 as we celebrate the Australian Disputes Centre’s 30 years dedicated to advancing access to timely, cost-effective and [...]

Nottage, Luke R., Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis of Planet Mining v Indonesia and Regional Implications (April 14, 2014). Transnational Dispute Management, 2014, Forthcoming; Sydney Law School Research Paper No. 14/39. Available at SSRN: http://ssrn.com/abstract=2424987

WHAT YOU NEED TO KNOW  Although Australia is not presently a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here. When drafting dispute resolution clauses, it may be relevant to the question of whether and where to arbitrate or litigate, to consider the relevance of the Hague Convention, together with other avenues of enforcement of foreign judgments (for example, legislation on the reciprocal enforcement of foreign judgments such as the Foreign [...]

Mediation: concept and advantages Commercial mediation is an alternative dispute resolution procedure whereby “(…) two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator”. It can be considered international when it involves transnational relations. Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is [...]

WHAT YOU NEED TO KNOW: Two recent Supreme Court decision affirm previous authority to the effect that Courts will not decline to refer a proceeding to arbitration simply because it includes statutory claims under the Corporations Act. An exception is where the claim relates to the dissolution or winding up of a company. Such claims have not been referred to arbitration for reasons of public policy. Lorraine Hui, Georgia Quick and Ursula Adamiec Read Full Article Here HERE