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Issue 32 - May 2021
CONTENTS:
A word from the CEO
Mediating in the Headlights
Fast-track Mediation
Mediation Training
Australian ADR Awards 2021
University Skills Development
ADC Book Club
Focus on Expert Determination
Arbitration Update
ADC Venues
Deborah Lockhart
A word from the CEO
Welcome to our autumn Bulletin. I am excited to introduce to you several initiatives that ADC has curated for your professional development.
ADC’s Mediation Masterclass was our first program to go online in 2020. It seems fitting that it is the first to revert to an ‘in person’ format. I am looking forward to connecting with you all for our Masterclass on Friday, 28 May 2021. Featuring global ADR industry leaders, the Masterclass provides a real-world view of the mediation process in complex commercial matters for all lawyers and mediators. Choose between the 1-Day Masterclass or the 3-Days Advanced Commercial Mediator Accreditation. Participants are invited to a celebratory networking cocktail party on the Friday evening. There will also be a zoom connection for those still keen to join remotely (as we did last year, your wine will be arriving to the door!).
Responding to an increased demand for timely and cost-efficient processes in resolving both Sport and Workplace disputes, I am thrilled to present ADC’s two new ‘sector-focused’ fast-track mediation services: one for Sport and one for Workplace disputes. If you have expertise as a mediator in these sectors please contact us with an EOI to join these Panels.
ADC is continuing to keep its 5-day mediation training and accreditation courses online for the next few months. The online format has been well-received by our participants for its convenience, accessibility and results. In June 2021, we have both ‘Weekend’ and ‘Evening’ editions of our flagship mediation training program online; two great opportunities for the ‘time poor’ to complete their mediation accreditation.
Empowering tomorrow’s business leaders and legal minds to meet the dispute resolution needs of global commerce is central to ADC’s advocacy work. We are excited to again be hosting the ADC-ICC Asia Pacific Commercial Mediation Competition in collaboration with the International Chamber of Commerce, 10 -12 September 2021. We are currently calling for Universities to register their teams in the competition. If you are connected to a university in Australia or Internationally, we would be thrilled if you can encourage them to field a team. We also have a call-out for volunteer mediators and judges from across the Asia-Pacific. Please see details and links in the Bulletin below.
Given the challenges faced by all ADR professionals this year, we are especially excited to honour the best practitioners at this year’s annual Australian ADR Awards. To help you plan we have given you plenty of time to put those submissions together.
Finally, I extend an invitation for you to join ADC’s professional Book Club. This is a great way to connect through your love for reading and networking! It is also an easy and engaging way to gain CPD points for your NMAS reaccreditation. Details are in the Bulletin below.
Stay well.
Warm Regards
Deborah
For all advocates and mediators:
It is time to connect in-person
Join us in Sydney (or Zoom)
Evening Cocktail Party
Masterclass, 1-Day – Friday 28 May 2021
Advanced Mediation Accreditation, 3-Days –
Friday 28 May - Sunday 30 May 2021
The Australian Disputes Centre is proud to present its world-class Masterclass and Advanced Mediation Accreditation programme ‘Mediating in the Headlights of Litigation and Arbitration’ offering practical training in mediating complex commercial disputes.
Bringing enormous curial, legal and commercial ADR experience to the program are our eminent faculty; The Hon Wayne Martin AC QC, The Hon. Kevin Lindgren AC, Dr Sam Luttrell and ADC’s CEO, Deborah Lockhart.
Places are limited. REGISTER TODAY HERE
Introducing ADC’s
Fast Track Sport & Workplace Mediation Processes
Conflict in workplaces and sporting codes at all levels is a normal part of our lives. It is how we manage that conflict that makes the difference. ADC is thrilled to extend its cost-efficient, fast-track mediation service to Sport and Workplace related matters; to help make a difference in these sectors of our civil society.
ADC is seeking Expressions of Interest from mediators with expertise in these sectors. Please contact us with an EOI to join these Panels.
Mediation Training & Accreditation:
Autumn & Winter Programmes
Advance your skills and career with ADC’s outstanding online Mediation Training and Accreditation Programme.
Learn how to conduct each step of the Mediation Process while honing your interest-based Negotiation Skills and developing your online Communication Skills. ADC’s multidisciplinary course enables you to facilitate dispute resolution across a diverse range of business, cultural and social settings with the added advantage of ADC’s prestigious Online Mediator Accreditation.
6th Annual Australian ADR Awards – Nominations are Open!
The Australian ADR Awards recognise both individual and team excellence in the area of Alternative Dispute Resolution.
Distinction in both the Australian (domestic) and international contexts are recognised. The Awards are open to all Australian citizens and permanent residents, and Australia-based Dispute Resolution teams.
Registrations are open until 15 September 2021!
Focus on our 2020 Winners
John Rundell was awarded Australian Expert Determiner of the Year in 2020. “I was thrilled and honoured to have been selected by my ADR peers as winner of the ADC inaugural Expert Determiner of the year. The publicity has helped me to promote the use of expert determination as a final and binding way to resolve disputes which require subject matter expertise.” Read more about John’s work and some of our other 2020 Winners have said about what the Australian ADR Awards means to them here »
ADC-ICC Asia-Pacific Commercial Mediation Competition 2021
ADC and ICC extend a warm invitation to University students across the Asia-Pacific to compete in the 5th Annual ADC-ICC Asia Pacific Commercial Mediation Competition. This is a tremendous learning and networking experience for students and ADR professionals alike.
Last year’s winners, National University of Singapore Team 1, speak about their APCMC experience HERE.
Jonathan Lee Wai Kit, Eugene, Lau You Quan Chan & Haeyoung Kim
Asia-Pacific Regional Teams Excel in Paris
The Winners of the ADC-ICC APCMC have a reserved place at the global competition in Paris each February. In an exciting, all-woman final Read what happened at Paris 2021.
To register a team for 2021, or to volunteer as a mediator and/or judge, please see the website for full details & registration forms.
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ADC Intern and
Jessup Moot Winner!
We are thrilled to share with you that one of ADC’s 2021 interns, Robert Clarke, along with his University of Sydney moot team, were crowned the world champions of the prestigious Philip C Jessup International Law Moot Court Competition, beating 573 teams from over 90 countries. Read more about it here »
ADC Book Club
Struggling to keep up your CPD points? Looking to reconnect, or meet more ADR professionals in the field?
Introducing ADC’s Book Club – a 35th Anniversary Initiative launched to connect ADC Alumni with other members of the ADC network. Featuring a reading list designed to complement ADC’s mediation training and your professional development, the Book Club will help enrich your dispute resolution knowledge and expertise in a fun and interactive networking sessions. It is also a fantastic way to add CPD points towards your NMAS reaccreditation.
The groups are guided by our Book Club curators (drawn from ADC’s training faculty) and involve discussions drawn from the diverse professional and life experiences of your group members. The Book Club groups meet bi-monthly (every 2 months) on a weeknight that best suit the group members’ availabilities.
We encourage Book Club participants to consider sharing their books and stories with dispute resolvers located in remote Australian and international communities through ‘Book Club Connect’. Donating books and connecting with ADR professionals beyond your usual circle gives you perspective into different ADR practices.
Check out ADC’s Book Club page and register HERE for an inspiring opportunity to stay connected and enrich your knowledge!
Expert Determination Case Notes
Lahey Constructions Pty Ltd v The State of New South Wales
[2021] NSWCA 69
In this recent decision of the Supreme Court of NSW Court of Appeal, Bathrust CJ, Bell P and Gleeson JA considered the interpretation of an expert determination clause in a building and construction contract to determine whether the decision of the primary judge that the expert determination was final and binding should be upheld; the decision provides a clear summary of the construction considerations of ‘text’, ‘context’ and ‘purpose’.
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Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155
The case concerned is an appeal from the decision of the New South Wales Supreme Court in relation to an expert determination. The issue was whether the finding of the expert exceeds her mandate instigated by the development deed’s expert determination clause.
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Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 576
The case concerned the role of experts appointed under expert determination clauses. The issue was whether experts are required to determine disputes ‘free of legal error’ in order for the decision to be binding, where the contract required the determination to be ‘according to law’.
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John Rundell BE, BEc, MBA, LLM, DipICArb, FCA, FCPA
2020 Expert Determiner of the Year
“Being the appointed expert can quite challenging, and often it is not the subject matter of the dispute but the harder challenge is often in getting the parties to work collaboratively with me as I address the issues in dispute.”
What is happening in International Commercial Arbitration?
Sundance Resources’ $8.8B arbitration against Congo
New arbitration cases involving Australian entities are commencing apace. 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.
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New ACICA Rules 2021
Congratulations to the Australian Centre for International Commercial Arbitration (ACICA) on the publication of their revised Arbitration Rules, effective 1st of April 2021. The updated rules seek to modernise and digitise the arbitration process, as virtual proceedings become commonplace.
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ACICA Survey Report
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.
Have you used ADC’s Online Portal for Dispute Notification
For the appointment of mediators, arbitrators, and experts, we now have you connected for the appointment of mediators, arbitrators and experts. Notify us online!
Simply complete the online form and upload your documents. You can also conveniently pay online.
COVID-19 Protocol
Please see ADC’s Precautionary Protocol on the website. Read here»
Australian Disputes Centre
Level 16, 1 Castlereagh Street, Sydney NSW 2000
P: 61 2 9239 0700 F: 61 2 9223 7053
E: info@disputescentre.com.au