By Vicky Ioannides (Business Development Director, DTI) and Leopold Lucas (Business Development Representative, DTI) Joint conferences, or expert conclaves, are increasingly being used to ensure the “just, quick and cheap resolution of disputes” in accordance with the Civil Procedures Act 2010. These reports are often integral to the success or failure of a trial. The basis of the process is to gather together all the experts in one place and allow them to discuss the matters for consideration prior to the [...]
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So far Michael Lockhart has created 69 blog entries.
by GONZALO VIAL Gonzalo Vial is a Senior Associate at Bulnes, Urrutia & Bustamante, Fulbright Scholar and a former ADC Researcher. Read full article HERE Gonzalo Vial
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 [...]
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. [...]
To those that knew David professionally, he was a quiet achiever who genuinely and wholeheartedly believed in the mediation process. He was happy to simply focus on doing quality work. He was considered and detailed, and he showed himself to be highly competent in addressing complex legal issues and in designing creative dispute resolution processes. He had the respect of his colleagues both in Australia and across the globe. David was one of Australia’s pioneer commercial mediators. In 1986 [...]
To register for ADC's 35th Anniversary Mediation Course click here.
By Deborah Lockhart and Katlyn Kraus Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin Indonesia is the third largest democracy in the world and as the largest of the Association of Southeast Asian Nations (ASEAN), it is an increasingly significant economic and regional partner for Australia. Particularly important for both nations is the two-way trade of goods and services, which continues to rise each year. In 2014, that trade exceeded $15.6 billion. Austrade estimates that there are over 400 [...]
Dear Friends, Colleagues and Alumni Happy New Year! We wish you much happiness and prosperity in 2016 and thank you for your tremendous support over the past 30 years! In January 1986: INTERNATIONAL MILESTONE January 1 - International Year of Peace is proclaimed AUSTRALIAN MILESTONE January 2 - Australian Disputes Centre is incorporated Celebrating 30 Years Stay tuned… for dazzling events throughout 2016 as we celebrate the Australian Disputes Centre’s 30 years dedicated to advancing access to timely, cost-effective and [...]
Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration?
Nottage, Luke R., Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis of Planet Mining v Indonesia and Regional Implications (April 14, 2014). Transnational Dispute Management, 2014, Forthcoming; Sydney Law School Research Paper No. 14/39. Available at SSRN: http://ssrn.com/abstract=2424987