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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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