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 It has been a sad and challenging week with terror events unfolding in Paris and beyond. Our thoughts and prayers go out to all those impacted by these terrorist acts.
As an independent, not-for-profit dedicated to advancing world-class dispute resolution, the Australian Disputes Centre has for nearly 30 years held an important role in Australia, and increasingly internationally, in promoting access to justice through timely, cost effective and confidential dispute resolution. An important aspect of ADC’s role is providing thought leadership on ADR issues. In this Bulletin we highlight the leadership of the Hon. Chief Justice James Allsop AO and the Hon. Kenneth Hayne AC in discussing the development and adoption of an Australian commercial law with its particular relevance to continuing to advance International Arbitration in Australia.
Direct from Stanford University, ADC has greatly enjoyed having Fulbright Scholar Gonzalo Vial as an intern at the Centre for the past 3 months. Before heading home to Chile, Gonzalo provides us with an update on the important issue of enforceability in international mediation. In our regular Legal Update, our colleagues at Ashursts provide their insights into the State Supreme courts consideration of the arbitrability of Corporations Act claims and the Hague Convention on Choice of Court Agreements.
Helping young people find their voice we see as an important part of promoting access to justice in our community. ADC was privileged to have Jaye Alderson from State Chambers speak to our Year 10 Debating Finals in September. We were all inspired by the quality of the debating and the collegiality and teamwork of the students throughout the six week competition. Our congratulations to all the students who participated from schools across Sydney.
ADC is wrapping up its 2015 Learning & Professional Development Programme in Australia and the South Pacific in November and December. It’s not too late to book for 2015, or check our website calendar for dates in 2016.
From 23 – 27 November, Sydney hosts its annual Arbitration Week and we look forward to seeing you at one of the many events being held in the city, including three events at the Australian Disputes Centre.
Deborah Lockhart, CEO
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Leadership in International Commercial Arbitration
- the Development and Adoption of an Australian Commercial Law
On 23 September 2015, the Australian Disputes Centre and the Melbourne Commercial Arbitration and Mediation Centre jointly hosted an inaugural event (via video-link), aimed at promoting thought leadership in the area of international commercial arbitration.
From Sydney, the Hon. Chief Justice Allsop AO, spoke convincingly of the potential for the development of an Australian Commercial Law and explored the opportunities that the adoption of such legislation could have for Australia and its profile as a venue for international commercial arbitration. Speaking from Melbourne, the Hon. Kenneth Hayne AC provided his views by way of a detailed and thought-provoking reply.
Lord Peter Goldsmith PC QC also spoke on the recently launched CIArb London Centenary Principles, developed by the Chartered Institute of Arbitrators to outline the principles considered key to the creation of a “safe” seat for the conduct of international commercial arbitration.
The successful forum, which is intended as the first in an ongoing collaboration between ADC and MCAMC, encouraged debate on the subject of legislative reform in this area as Australia’s reputation as a viable, neutral seat in the Asia Pacific region continues to grow. The event was supported by the Australian Centre for International Commercial Arbitration, DTI Global and Vic Bar.
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Mediation Training Opportunities – final for 2015
National & International
Don’t miss ADC’s Flagship Mediation Training in 2015
Suva, Fiji 7 December – 11 December
Perth, 30 November – 4 December
Sydney, 30 November – 4 December
Are you a people manager, HR professional, corporate counsel or ADR professional seeking to up-skill in workplace conflict resolution?
In collaboration with Mediation Workplace Pathways, ADC is running this uniquely tailored 5 day mediation training course in Sydney. Book Now!
Conflict Resolution Skills Training – Sydney, 7 December 2015
Ever wished you could manage conflict better? Or better still avoid it before it begins?
Conflict is a normal part of life. It is how we respond that makes all the difference. Learn how to minimise the negative effects of conflict in your workplace and everyday interactions, and how to strengthen your interpersonal and organisational relationships, by managing conflict situations more effectively. Book Now!
Complaints Handling Skills Training – Sydney, 8 December 2015
Do you handle complaints or deal with difficult clients?
Managing complaints effectively is essential for the success of any business, government department or not-for-profit organisation. Learn how to respond to clients, understand service recovery strategies and build customer loyalty by turning a negative situation into a positive experience. Book Now!
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Legal Update
Towards enforceability and confidentiality in international commercial mediation
Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is a swift and cost-effective method, which can adopt flexible approaches to prevent or resolve conflicts, like the Dispute Review Boards utilised in the construction of the Channel Tunnel between England and France.
Read more »
 Gonzalo Vial is an arbitration practitioner from Chile, where he also taught procedural law. He obtained his LLM from Stanford Law School under a Fulbright Scholarship and currently is working as a visiting scholar at the University of Sydney, and as intern at the Australian Disputes Centre and the Australian Centre for International Commercial Arbitration.
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State Supreme courts consider arbitrability of Corporations Act claims
WHAT YOU NEED TO KNOW:
- Two recent Supreme Court decision affirm previous authority to the effect that Courts will not decline to refer a proceeding to arbitration simply because it includes statutory claims under the Corporations Act.
- An exception is where the claim relates to the dissolution or winding up of a company. Such claims have not been referred to arbitration for reasons of public policy.
Lorraine Hui, Georgia Quick and Ursula Adamiec
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Hague Convention on Choice of Court Agreements
WHAT YOU NEED TO KNOW:
- Although Australia is not presently a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here.
- When drafting dispute resolution clauses, it may be relevant to the question of whether and where to arbitrate or litigate, to consider the relevance of the Hague Convention, together with other avenues of enforcement of foreign judgments (for example, legislation on the reciprocal enforcement of foreign judgments such as the Foreign Judgments Act 1991 (Cth)).
- If you are agreeing to litigate in a State that has signed and ratified the Hague Convention, remember to agree to exclusive jurisdiction in order to obtain the benefit of the provisions in the Hague Convention.
- Keep an eye out for ratification of the Hague Convention by Singapore and the United States, and additional signatories to the Hague Convention.
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Do Many Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis of Planet Mining v Indonesia and Regional Implications
by Luke Nottage
Read Full Article»
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ADC Corporate Social Responsibility
(Pictured left to right) Deborah Lockhart, Alice, Mia, Sree, Mark, Jaye Alderson, Haz Zanial-Grote, Nicholas Wilson, Lily Frame and Laura Mack)
The Great Debate Concludes
ADC’s Schools Invitational Debating Competition wrapped up in spectacular fashion on 4 September with the winning team impressing the panel and guest adjudicator with their complex and well structured arguments. A special congratulations to the winning team combining the talents of Alice, Alexandria Park High School; Scree, Burwood Girls High School; Mark, Christian Brothers Lewisham High School and best oralist, Mia from Ascham School. Well done to all the participants and a big thank you to their teachers, our Chief Adjudicator for 2015, Haz Zanial-Grote and all our wonderful pro bono coaches.
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World-class venue for mediations, arbitrations, hearings and seminars.
ADC provides you with a custom-built, neutral ADR venue in the heart of the Sydney CBD. Please contact us to discuss your needs.
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ADC Indonesian-Australian Business Forum
