About Michael Lockhart

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So far Michael Lockhart has created 82 blog entries.

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 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 [...]

ACICA Survey Report2021-05-05T11:27:10+10:00

New ACICA Rules 2021

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 [...]

New ACICA Rules 20212021-05-05T11:24:24+10:00

Sundance Resources’ $8.8B arbitration against Congo

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 [...]

Sundance Resources’ $8.8B arbitration against Congo2021-05-04T07:55:55+10:00

Expert Determination Case Note: Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155

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 [...]

Expert Determination Case Note: Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 1552021-05-04T07:25:13+10:00

National Awards Highlight Depth of Australian ADR Expertise

MEDIA RELEASE  16 November 2020 Australia is a global leader in Alternative Dispute Resolution (ADR), and the ADR Awards recognise both individual and team excellence in the field. The 5th Annual Australian ADR Awards, presented by the Australian Disputes Centre, were held on Friday, 13 November 2020. In highlighting the significance of the work done by Australia’s ADR professionals, the NSW Attorney General, The Hon. Mark Speakman SC MP, recognised their innovation and importance as skilled mediators, arbitrators, conciliators, facilitators and Ombudsman. “Courts should be a [...]

National Awards Highlight Depth of Australian ADR Expertise2020-12-02T18:17:31+11:00

Vale Trevor Morling

The Hon Trevor Rees Morling QC 12th October 1927 – 2nd August 2020 The Hon. Trevor Rees Morling QC passed away peacefully at his home on the 2nd of August 2020. He was in his 92nd year. In addition to a very distinguished legal career Trevor Morling was the Chairman of the Australian Disputes Centre and was for many years a judge of the Federal Court of Australia. He also held commissions as an appeal judge in [...]

Vale Trevor Morling2020-10-23T09:32:17+11:00

Party autonomy during COVID-19; testing the reach of the tribunal’s mandate

ADR Address of the Supreme Court of the Northern Territory 2020 In the first in our series of our Directors discussing a range of ADR hot topics; ADC Director and Partner at Corrs Chambers Westgarth, Bronwyn Lincoln, recently joined in conversation with eminent jurists and academics Professor Marilyn Warren, Professor Clyde Croft and Drossos Stamboulakis from Monash University. Five practical steps to ensure due process during virtual hearings If you missed the live event, you can catch up with [...]

Party autonomy during COVID-19; testing the reach of the tribunal’s mandate2020-07-14T13:12:46+10:00

Is Alternative Dispute Resolution a second-rate system of Backyard Justice?

ADR Address of the Supreme Court of the Northern Territory 2020 In the last week of May 2020, Chief Justice Michael Grant welcomed Ms Leanne Liddle and a film crew into the Supreme Court of the Northern Territory to film the 2020 ADR Address. Our warm thanks to the Chief Justice, Ms Liddle and Aboriginal Broadcasting Australia for their generosity and commitment in sharing this important Address with an Australia-wide audience during the COVID-19 lockdown. Leanne Liddle’s Address identifies the challenges and barriers [...]

Is Alternative Dispute Resolution a second-rate system of Backyard Justice?2020-07-14T12:59:51+10:00

Upcoming Events

  • ADC Panel Bi-Annual Administration Fee April 2021-March 2023
    • ADC Panel Bi-Annual Administration Fee
      April 1, 2021 - March 31, 2023
      12:00 am - 11:55 pm
  • Online Mediation Training - August 2021
    • Days 1 - 3 (Online)
      August 4, 2021 - August 6, 2021
      9:30 am - 4:30 pm
    • Days 4 - 5 (Online)
      August 9, 2021 - August 10, 2021
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's flagship Mediation Training & Accreditation in our highly regarded COVID-safe format. Choose the ADC difference; up-skill now to…

  • Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      August 4, 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 Accreditation Day
    • August 11, 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…

  • Hybrid Mediation Training (in-person and online) – Darwin, August 2021
    • Days 1 - 3 (In-person Darwin, or online)
      August 11, 2021 - August 13, 2021
      9:30 am - 4:30 pm
    • Days 4 - 5 (Online)
      August 16, 2021 - August 17, 2021
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's flagship Mediation Training & Accreditation in a hybrid format. As we move carefully to a more open Covid-safe…

  • Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      August 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…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      August 16, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      August 17, 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…

  • International Night Class – Accelerator Online Mediation Training – August/September 2021
    • Days 1 - 3
      August 16, 2021 - August 18, 2021
      7:00 pm - 10:30 pm
    • Days 4 - 6
      August 23, 2021 - August 25, 2021
      7:00 pm - 10:30 pm
    • Days 7 - 9
      August 30, 2021 - September 1, 2021
      7:00 pm - 10:30 pm

    International Night Class Up-skill and Accelerate your Career! Choose the ADC difference, and develop your global connections… How do you become a internationally accredited mediator,…

  • Online Mediation Accreditation Day
    • August 18, 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…

  • International Night Class: Online Mediation Accreditation Day – August/September 2021
    • September 6, 2021 - September 7, 2021
      7:00 pm - 10:30 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…