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. [...]
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!
The 8th Asia Pacific Mediation Forum (APMF) Conference, ‘The Future of Mediation in the Asia Pacific Region’, will be held in Da Nang, Vietnam, November 11-13, 2017 - https://apmf2017.mediation.vn The APMF Executive and Vietnam Conference Organising Committee invite potential conference presenters to submit a 300 word biography and a 500 word abstract of a proposed conference paper, workshop or poster by July 10th, 2017. All presenters will be required to register and pay for the conference. Early Bird registrations are [...]
In a recent seminar address at the Australian Disputes Centre (“ADC”), the Honourable Chief Justice of New South Wales, Tom F Bathurst AC discussed several issues regarding advocate’s immunity in the context of alternative dispute resolution (“ADR”). In his address, the Chief Justice referred to two recent High Court decisions where the scope of the advocate’s immunity was tested: see Attwells v Jackson Lalic Lawyers Pty Ltd, and Kendirjian v Lepore. In light of the comments by Bathurst CJ at [...]
Dispute resolution practitioners and party advisors each play an important role in dispute resolution (DR) processes. To be effective, it is essential that practitioners and party advisors are perceptive, adaptable and flexible, to develop processes specifically designed for the parties and circumstances of a particular dispute. Deciding which process or processes are most appropriate for a particular dispute can be one of the most challenging aspects of working in DR. The key question to consider in making this decision is: [...]
Tribunal secretaries can make proceedings faster, cheaper, and, in some respects, can protect the integrity of the resulting award. They do this by lessening the tribunal's administrative burden, allowing it to concentrate on its core work of considering the dispute and coming to a decision. Despite these potential benefits, the position of tribunal secretary has attracted a degree of criticism, at the heart of which is the fear that a secretary will exercise the tribunal's decision making power. A recent [...]