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
WHAT YOU NEED TO KNOW Although Australia is not presently a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here. When drafting dispute resolution clauses, it may be relevant to the question of whether and where to arbitrate or litigate, to consider the relevance of the Hague Convention, together with other avenues of enforcement of foreign judgments (for example, legislation on the reciprocal enforcement of foreign judgments such as the Foreign [...]
Mediation: concept and advantages Commercial mediation is an alternative dispute resolution procedure whereby “(…) two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator”. It can be considered international when it involves transnational relations. Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is [...]
WHAT YOU NEED TO KNOW: Two recent Supreme Court decision affirm previous authority to the effect that Courts will not decline to refer a proceeding to arbitration simply because it includes statutory claims under the Corporations Act. An exception is where the claim relates to the dissolution or winding up of a company. Such claims have not been referred to arbitration for reasons of public policy. Lorraine Hui, Georgia Quick and Ursula Adamiec Read Full Article Here HERE
Disguised factual challenges given short shrift: State Supreme Courts defend arbitral awards WHAT YOU NEED TO KNOW There are limited grounds on which an international or domestic award can be refused recognition or enforcement. Commonly argued grounds include denial of natural justice in connection with the making of the award, and that enforcement of the award would be contrary to public policy. Courts will not refuse enforcement on the basis of challenges to factual findings in an award which are disguised as complaints about [...]
We make your mediation or arbitration arrangements easy. A neutral and central venue with plenty of natural light and easy room flow. ADC provides an exceptional dispute resolution facility in the heart of Sydney’s legal & financial district. Contact us to discuss your needs.
Recent International Commercial Arbitration and Investor-State Arbitration Developments Impacting on Australia’s Investments in the Resources Sector
Nottage, Luke R. and Butt, Simon, Recent International Commercial Arbitration and Investor-State Arbitration Developments Impacting on Australia's Investments in the Resources Sector (April 16, 2014). ARBITRATION AND DISPUTE RESOLUTION IN THE RESOURCES SECTOR: A COMPARATIVE PERSPECTIVE, P. Evans and G. Moens, eds., Springer, 2015 Forthcoming; Sydney Law School Research Paper No. 13/71. Available at SSRN: http://ssrn.com/abstract=2340810 or http://dx.doi.org/10.2139/ssrn.2340810
ADC’s Schools Invitational Debating Competition is in full swing for its second successful year The inaugural success of the Australian Dispute Centre’s School Debating Competition placed the competition in great stead for another year of building relationships, convincing arguments and a lot of fun. The competition runs from July to September as one of ADC’s corporate social responsibility initiatives and provides the opportunity [...]
Is workplace conflict more prevalent and how is it best managed? ADC has been at the forefront of workplace conflict resolution for nearly 30 years. In the first of its new Bulletin series on workplace issues, Keith Welsh (Mediator and Owner of Velocer Music - ICEHOUSE/Savage Garden) speaks with Salli Browning (Mediator, Workplace Consultant and music aficionado) about workplace dispute resolution. Read more Our media is filled with stories about rising Workers Compensation and indemnity costs, bullying complaints and workplace [...]