The NSW Supreme Court clarified the role of experts appointed under expert determination clauses in Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd (‘Lainson Holdings’).[1] The decision confirms that experts are not required to determine disputes ‘free of legal error’ in order for the decision to be binding, even where the contract required the determination to be ‘according to law’. The Facts Lainson Holdings Pty Ltd (‘Lainson’) and Duffy Kennedy Pty Ltd (‘Duffy’) entered into a building contract [...]

In an exciting all-woman final at the 16th ICC International Commercial Mediation Competition, New Zealand’s University of Auckland emerged victorious against Bulgaria’s University of Sofia. The University of New South Wales closely followed in third place. The National University of Singapore, the winner of 2020 APCMC, was also awarded ‘Best Team Work between Counsel and Client’.  48 university teams were selected to compete in 100 mock mediation sessions from 5 to 11 February 2021 in this globally-renowned competition. [...]

ADC and ICC extend a warm invitation to University students to compete in the 5th Annual ADC-ICC Asia Pacific Commercial Mediation Competition (APCMC) which will be held online from 10 -12 September 2021. The winning team of this competition recieves a reserved spot to compete in the 17th Annual ICC Mediation Competition in Paris, 2022. This is the world’s largest moot exclusively devoted to international commercial mediation. Most recently, we were thrilled to see our winner of APCMC 2019, [...]

The Supreme Court of NSW Court of Appeal decision of Bathrust CJ, Bell P and Gleeson JA involved the interpretation of an expert determination clause in a building and construction contract and determining whether the decision of the primary judge that the expert determination was final and binding should be upheld, providing a clear summary of the construction considerations of ‘text’, ‘context’ and ‘purpose’. The matter concerns the proper construction of an ‘issue-resolution clause’ in two building contracts between [...]

The NSW Supreme Court clarified the role of experts appointed under expert determination clauses in Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd (‘Lainson Holdings’).[1] The decision confirms that experts are not required to determine disputes ‘free of legal error’ in order for the decision to be binding, even where the contract required the determination to be ‘according to law’. The Facts Lainson Holdings Pty Ltd (‘Lainson’) and Duffy Kennedy Pty Ltd (‘Duffy’) entered into a building contract [...]

We are thrilled to share that one of our 2021 interns, Robert Clarke, along with his University of Sydney team, were crowned the world champions of the prestigious Philip C Jessup International Law Moot Court Competition, beating 573 teams from over 90 countries. Reflecting on the competition, Robert said that he has always been interested in international law ever since reading Samantha Power’s ‘A Problem from Hell’ when he was in high school. The Jessup International Law Moot [...]

In collaboration with FTI Consulting, ACICA has released a report detailing the recent trends and future of commercial arbitration in Australia. Based on responses from over 100 respondents, the report analyses the underlying data of the 223 arbitrations identified with an ‘Australian Connection’, of which 111 were international and 109 domestic (3 did not specify jurisdiction). These unique arbitrations saw a total amount of $35 billion in dispute. Unsurprisingly, construction, engineering and infrastructure (43%), as well as the oil [...]

The Australian Centre for International Commercial Arbitration (ACICA) has introduced revised Arbitration Rules effective 1st of April 2021. The updated rules seek to modernise and digitise the arbitration process, as virtual proceedings become commonplace as a result of the COVID-19 pandemic. New virtual hearing and e-filling provisions reflect ACICA’s commitment to embrace and adapt to the rapidly shifting business and dispute resolution environment. The 2021 rules facilitate greater flexibility in dealing with disputes that arise out of the same [...]

Australian mining company Sundance Resources Ltd (Sundance) has initiated arbitration proceedings with the International Chamber of Commerce against the Republic of Congo (Congo) for the revocation of mining permits. In December 2020, Congo withdrew Sundance’s Congo Iron SA’s mining permit - Congolese business arm - for what it claimed to be ‘prolonged insufficiency of exploitation manifestly contrary to the potential of the deposit’, as well as neglecting to pay royalties. The permit revocation effectively strips Sundance of its flagship [...]

Facts The case concerned is an appeal from the decision of the New South Wales Supreme Court. The development deed in which the parties entered into contained the following expert determination clause “If the Dispute is not resolved, the parties must within the 14 day period use reasonable endeavours to appoint an expert (Expert) by agreement." After a dispute arose as to Lepcanfin’s entitlement to an increase in facilitation fee to compensate for non-payment of an advance, an expert [...]