A guide to eTrials

A guide to eTrials In the digital age, the volume of material before the court is growing and creating new document management challenges. Advances in technology have streamlined the trial process, while fostering the growth of intuitive and efficient work processes. Some courts such as the Land and Environment Court of NSW have embraced the potential of paperless hearings to save time and cost. Service providers, such as DTI’s NuLegal team, have developed eTrial services to support hearings both large [...]

Hui v Esposito Holdings Pty Ltd [2017] FCA 648

In Hui v Esposito, Justice Beach of the Federal Court of Australia set aside a partial award in an international arbitration and removed the arbitrator on the grounds of procedural unfairness and bias. This case modifies Australian law on arbitrator bias and serves as a reminder of the risks of preliminary hearings in international arbitrations. Read Full Article HERE Author: Horace Ng  

Chinese Delegates Visit the Australian Disputes Centre

Advancing Australia’s expertise and helping to build networks of influence are central to ADC’s role in the ADR industry. In September, it was ADC’s honour to welcome senior delegates from China, representing 25 law societies from across the country. Presenting in Mandarin, ADC’s Cindy Wong opened the evening with a presentation on the current legal infrastructure and background of ADR in Australia, including the functions and role of the Australian Disputes Centre and the Australian Centre for International [...]

International Court of Justice – A Progress Report with His Excellency Justice James Crawford

On Monday 25 September 2017 Sydney University hosted His Excellency Justice James Crawford AC SC FBA of the International Court of Justice to deliver an insightful talk on “International Court of Justice – A Progress Report”. His Excellency gave an overview of the Court, current and pending cases and prospects for the future. Short Biography James Crawford is only the second Australian to hold the prestigious position as a Justice of the ICJ, following in the footsteps of Sir Percy [...]

LCIA Sydney Symposium Keynote Address

LCIA Sydney Symposium Keynote Address "Australia as a Global Hub" 8 October 2017 Professor Doug Jones AO Introduction It is an honour to have been invited to deliver this keynote to my friends and colleagues of the international arbitration community present on the occasion of this LCIA event in Sydney. I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today, the Gadigal people of the Eora nation, and pay my respects to their [...]

ADC Schools Invitational Debating Competition 2017

With the privilege of the Hon Justice Francois Kunc attending the Grand Final of the ADC Schools Debating Competition 2017, our participating Year 10 students capped off another amazing six-week program. The competition is run annually as part of ADC’s Corporate Social Responsibility. In 2017 our participants had a lot of fun developing their team-work (collaborating in teams with students from other schools), putting their heads together to brainstorm an array of persuasive arguments on various challenging topics, executing their [...]

ADDRESS: The Hon. Robert French AC Australian Disputes Centre Patron

Thank you for inviting me to speak at this dinner and to participate in the presentation of the Dispute Resolution Awards. Alternative dispute resolution has come a long way in the last 30 years.  The term is now something of an anachronism.  What used to be ‘alternative’ is mainstream. As a Judge of the Federal Court in 1990 I was interested in the use of court-annexed mediation as a way of encouraging more and earlier settlements or at least narrowing [...]

ADRA Conference Report

  The dynamic and quickly evolving nature of dispute resolution in Australia was explored in detail at the ADRA State of Dispute Resolution Conference and Workshop at Clayton Utz, Sydney on 22 August 2017. The day, introduced by Mary Walker on behalf of ADRA, saw keynote addresses from two senior members of the judiciary – the Honourable Patricia Bergin and the Honourable Thomas Bathurst AC. The Keynote speakers, together with specialist ADR presenters explored topical issues affecting the ADR industry. [...]

The benefits of using real-time transcription in arbitration

Introduction Real-time court reporting involves the attendance of onsite stenographers who are writing in stenographic code at speeds of up to 280 words per minute, and at 98% accuracy. There is currently no quicker way to get an accurate transcript of proceedings in a hearing. What is real-time? Real-time transcription services provide users with a live feed of legal proceedings as they happen. A real-time team – consisting of a highly skilled real-time court reporter and an editor – attend [...]

Recent investment arbitration developments in Australia

Recent changes to Australian gas export and taxation policy serve as reminders that the protections afforded to investors under investment treaties are not only relevant to investors in emerging markets. Investment treaties are also relevant to investors in modern and developed jurisdictions with widely recognised adherence to the rule of law. Three developing investor-state arbitrations in Australia, each also concerning alleged expropriation and breaches of other common investment treaty protections, demonstrate the relevance of investment treaty protections in jurisdictions of [...]

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