ADDRESS: The Hon. Robert French AC Australian Disputes Centre Patron

Thank you for inviting me to speak at this dinner and to participate in the presentation of the Dispute Resolution Awards. Alternative dispute resolution has come a long way in the last 30 years.  The term is now something of an anachronism.  What used to be ‘alternative’ is mainstream. As a Judge of the Federal Court in 1990 I was interested in the use of court-annexed mediation as a way of encouraging more and earlier settlements or at least narrowing [...]

ADDRESS: The Hon. Robert French AC Australian Disputes Centre Patron2019-09-21T11:34:04+10:00

ADRA Conference Report

  The dynamic and quickly evolving nature of dispute resolution in Australia was explored in detail at the ADRA State of Dispute Resolution Conference and Workshop at Clayton Utz, Sydney on 22 August 2017. The day, introduced by Mary Walker on behalf of ADRA, saw keynote addresses from two senior members of the judiciary – the Honourable Patricia Bergin and the Honourable Thomas Bathurst AC. The Keynote speakers, together with specialist ADR presenters explored topical issues affecting the ADR industry. [...]

ADRA Conference Report2019-09-21T11:34:04+10:00

The benefits of using real-time transcription in arbitration

Introduction Real-time court reporting involves the attendance of onsite stenographers who are writing in stenographic code at speeds of up to 280 words per minute, and at 98% accuracy. There is currently no quicker way to get an accurate transcript of proceedings in a hearing. What is real-time? Real-time transcription services provide users with a live feed of legal proceedings as they happen. A real-time team – consisting of a highly skilled real-time court reporter and an editor – attend [...]

The benefits of using real-time transcription in arbitration2019-09-21T11:34:04+10:00

Recent investment arbitration developments in Australia

Recent changes to Australian gas export and taxation policy serve as reminders that the protections afforded to investors under investment treaties are not only relevant to investors in emerging markets. Investment treaties are also relevant to investors in modern and developed jurisdictions with widely recognised adherence to the rule of law. Three developing investor-state arbitrations in Australia, each also concerning alleged expropriation and breaches of other common investment treaty protections, demonstrate the relevance of investment treaty protections in jurisdictions of [...]

Recent investment arbitration developments in Australia2017-09-12T10:53:06+10:00

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

Upcoming Events

  • 35th Anniversary Mediation Course - January 2021 (Full)
    • Days 4 - 5
      January 18, 2021 - January 19, 2021
      9:30 am - 4:30 pm

    Mediator Accreditation ADC’s trained mediators, seeking recognition under the Australian National Mediator Accreditation System (NMAS), may undertake its 1-day Accreditation program. Please register separately for the Accreditation…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      January 18, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 19, 2021
      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…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 20, 2021
      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…

  • 35th Anniversary Mediation Course #2 - January 2021
    • Days 1 - 3
      January 20, 2021 - January 22, 2021
      9:30 am - 4:30 pm
    • Days 4 - 5
      January 27, 2021 - January 28, 2021
      9:30 am - 4:30 pm

    Mediator Accreditation ADC’s trained mediators, seeking recognition under the Australian National Mediator Accreditation System (NMAS), may undertake its 1-day Accreditation program. Please register separately for the Accreditation…

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      January 20, 2021
      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
      January 27, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 28, 2021
      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…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 29, 2021
      9:30 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…

  • Online - Conflict Resolution & ADR – February 2021
    • Conflict Resolution & ADR Training
      February 11, 2021
      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…

  • Online Mediation Training – February 2021
    • Days 1 - 2
      February 11, 2021 - February 12, 2021
      9:30 am - 4:30 pm
    • Days 3 - 4
      February 18, 2021 - February 19, 2021
      9:30 am - 4:30 pm
    • Day 5
      February 25, 2021
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2021! How do…

  • Online Mediation Accreditation Day – February 2021
    • February 18, 2021
      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…