Case note: AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765

In the recent decision in AGL Energy Limited v Jemena Gas Networks (NSW) Ltd, Hammershchlag J of the Supreme Court of New South Wales refused to refer an action commenced in the Court to arbitration pursuant to s 8(1) of the Commercial Arbitration Act 2010 (NSW) (the Act). The case arose in the context of two "Reference Service Agreements" between AGL Energy Limited (AGL) and Jemena Gas Networks (NSW) Ltd (Jemena) (the Agreements).  The consecutive – and near identical – [...]

Case note: AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 7652019-09-21T11:34:05+10:00

2017 Australian ADR Awards Announced

The Australian Alternative Dispute Resolution Awards for 2017 have been announced with a diverse group of winners recognised for their contributions to the development of Alternative Dispute Resolution in Australia in all its forms. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the awards at a ceremony held at Ashurst on August 10th 2017. Among the winners are: Mediator of the Year: Mary Walker, [...]

2017 Australian ADR Awards Announced2019-09-21T11:34:05+10:00

2017 Family Dispute Resolution Practitioner of the Year Announced

Susan Hamilton-Green, from Melbourne’s Creative family Law Solutions, has been announced as the Family Dispute Resolution Practitioner of the Year in the annual Australian Dispute Resolution Awards. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the award to Ms Hamilton-Green at the awards ceremony held at Ashurst on August 10th 2017. The award recognises Ms Hamilton-Green’s commitment to family dispute resolution both through the [...]

2017 Family Dispute Resolution Practitioner of the Year Announced2019-09-21T11:34:05+10:00

HAVE LAWYERS HIJACKED THE PROMISE OF MEDIATION?

On 18 May 2017, the Australian Disputes Centre (‘ADC’) had the pleasure of hearing a seminar run by Max Kimber SC, Barrister at State Chambers. With more than 30 years dispute resolution experience in work-related matters, the Alternate Dispute Resolution (‘ADR’) specialist discussed the crucial role of lawyers in the education and facilitation of mediation. In criticising the adversarial approach adopted too often by lawyers in mediation processes, he notes that the promise of mediation given to clients falls regrettably [...]

HAVE LAWYERS HIJACKED THE PROMISE OF MEDIATION?2019-09-21T11:34:05+10:00

Case note: Eskosol S.p.A in liquidazione v Italian Republic (ICSID Case No. ARB/15/50) Decision on Respondent’s Application under Rule 41(5)

Introduction In a recent decision under Rule 41(5) of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID), an insolvent Italian company's claims against the Italian Republic (Italy or the State) under the Energy Charter Treaty (the ECT) were found not to be "manifestly without legal merit".1 While the Tribunal's decision is the product of a summary process in which a very high standard of proof applies, and does not therefore amount to a final analysis [...]

Case note: Eskosol S.p.A in liquidazione v Italian Republic (ICSID Case No. ARB/15/50) Decision on Respondent’s Application under Rule 41(5)2019-09-21T11:34:05+10:00

The use of expert conclaves

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 [...]

The use of expert conclaves2019-09-21T11:34:05+10:00

Case note: In the matter of Infinite Plus Pty Ltd [2017] NSWSC 470

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 [...]

Case note: In the matter of Infinite Plus Pty Ltd [2017] NSWSC 4702019-09-21T11:34:05+10:00

Design in Dispute Resolution Practice: Tips and Tools

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. [...]

Design in Dispute Resolution Practice: Tips and Tools2019-09-21T11:34:06+10:00

NOMINATIONS OPEN: Australian ADR Awards 2017

Australian ADR Awards 2017 We are delighted to invite you to participate in the Australian ADR Awards 2017. The annual Awards recognise excellence in ADR and nominations for 2017 have opened. For details of all fifteen Award Categories and the online nomination forms click HERE. We encourage you to start preparing your nominations today!

NOMINATIONS OPEN: Australian ADR Awards 20172019-09-21T11:34:06+10:00

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…