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

8th Asia Pacific Mediation Forum (APMF) Conference in Da Nang, Vietnam, November 2017

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 [...]

8th Asia Pacific Mediation Forum (APMF) Conference in Da Nang, Vietnam, November 20172017-06-20T12:12:16+10:00

Advocates’ Immunity: Attwells & Kendirjian

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 [...]

Advocates’ Immunity: Attwells & Kendirjian2019-09-21T11:34:06+10:00

ADR process design: Consideration for ADR practitioners and party advisors

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: [...]

ADR process design: Consideration for ADR practitioners and party advisors2019-09-21T11:34:06+10:00

Tribunal Secretaries – back in the limelight

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 [...]

Tribunal Secretaries – back in the limelight2019-09-21T11:34:06+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…