APPEA Conference 2021 Article

How the Upstream Oil and Gas Industry can leverage interdisciplinary research to more effectively engage with Indigenous communities Deborah Lockhart and Jessica Xu Since 2010, mining companies have requested permission for the destruction of over 463 Aboriginal heritage sites. Recent high-profile events have profoundly impacted culturally significant Indigenous sites, and mining companies are under intense pressure to demonstrate greater sensitivity in their relationships with stakeholders. In this paper presented to the APPEA Conference in Perth on 17 June 2021, [...]

APPEA Conference 2021 Article2021-07-08T15:54:06+10:00

Expert Determination – WIPO Updates its Rules

Jiabin Yu Effective 1 July 2021, the updated World Intellectual Property Organization (WIPO) Expert Determination Rules came into force. What can users expect in WIPO-administrated expert determination proceedings? We look at the changes and offer a comparison with the ICC and LCIA Rules. Read about the changes here » Jiabin Yu Jiabin Yu holds a Bachelor of Commerce degree from the University of Western Australia, and is currently pursuing his Juris Doctor at the Australian National University. [...]

Expert Determination – WIPO Updates its Rules2021-07-08T15:28:49+10:00

CASE NOTE Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu & Ors [2021] FCA 477

Larissa Welmans & Dr Sam Luttrell, Clifford Chance The Federal Court has recently issued a warning to all Arbitration Claimants to provide proper notice or run the risk of having an unenforceable award. The Court in Jishi Fund held that as one of the parties did not receive ‘proper notice of either the arbitration or the appointment of arbitrators’, the award should not be enforced under ‘public policy’ grounds of the International Arbitration Act 1974 (Cth). This shows an [...]

CASE NOTE Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu & Ors [2021] FCA 4772021-07-08T08:25:14+10:00

COVID-19 Protocol – 7 July 2021

ADC Sydney (1 Castlereagh St) Updated  7 July 2021 @ 1.00pm Thank you to our clients for your continued support for the Australian Disputes Centre. While the City of Sydney LGA is in lockdown, it is business as usual for ADC, except for access to our rooms at 1 Castlereagh St. ADC's flagship online training programs continue as normal. ADC's Disputes Management appointment process also continues as normal. And we are always available by phone or email to discuss [...]

COVID-19 Protocol – 7 July 20212021-07-07T13:56:37+10:00

Expert Determination Case Note: Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 576

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 [...]

Expert Determination Case Note: Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 5762021-05-05T12:25:08+10:00

Asia-Pacific Regional Teams Excel in Paris

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. [...]

Asia-Pacific Regional Teams Excel in Paris2021-05-05T11:11:04+10:00

Registrations are open for the ADC-ICC Asia-Pacific Commercial Mediation Competition 2021

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, [...]

Registrations are open for the ADC-ICC Asia-Pacific Commercial Mediation Competition 20212021-05-05T13:41:28+10:00

Expert Determination Case Note: Lahey Constructions Pty Ltd v The State of New South Wales [2021] NSWCA 69

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 [...]

Expert Determination Case Note: Lahey Constructions Pty Ltd v The State of New South Wales [2021] NSWCA 692021-05-05T12:27:27+10:00

Expert Determination Case Note: Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 576

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 [...]

Expert Determination Case Note: Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 5762021-05-05T12:26:40+10:00

ADC Intern and Jessup Moot Winner

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 [...]

ADC Intern and Jessup Moot Winner2021-05-04T09:53:05+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…