ACICA
Australian Centre for International Commercial Arbitration
Recent News
19.07.08: “Making the Right Choice” - International Dispute Resolution Conference
The Malaysian Branch of the Chartered Institute of Arbitrators is hosting an International Dispute Resolution Conference entitled “Making the Right Choice” on 20-21 October at the Shangri La Hotel Kuala Lumpur.
For further information please refer to this flyer.
back to top19.07.08: ADR in Asia Conference: “Arbitration & Mediation – Global Platforms for Dispute Resolution”
Date: Friday, 12 September 2008
Venue: Four Seasons Hotel, Hong Kong
Organisers:
- Hong Kong International Arbitration Centre (”HKIAC”)
- Hong Kong Corporate Counsel Association (”HKCCA”)
- Inter-Pacific Bar Association (“IPBA”)
Registration: Download registration form here.
Enquiries:
Hong Kong International Arbitration Centre
Tel: +852 2525 2381
Fax: +852 2524 2171
Email: adr@hkiac.org
12.06.08: DLA Phillips Fox joins ACICA
ACICA is pleased to announce the addition of a new corporate member to the group, leading law firm DLA Phillips Fox.
DLA Phillips Fox is one of the largest legal firms in Australasia with over 700 lawyers in offices in Adelaide, Auckland, Brisbane, Canberra, Melbourne, Perth, Sydney and Wellington.
The alliance between DLA Phillips Fox and global law firm DLA Piper will help to raise international awareness of ACICA as an organisation, and the profile of Sydney as an attractive centre for international arbitrations, particularly those emanating in south East Asia and beyond.
DLA Phillips Fox lawyers will also share their valuable expertise at ACICA engagements and host ACICA functions.
DLA Phillips Fox consultant Ron Salter, who is himself a Fellow of the Chartered Institute of Arbitrators, is delighted with the firm's ACICA membership. "Our work with the DLA Piper International Arbitration group is a catalyst for our involvement with ACICA, the pre-eminent sponsor of international arbitration in Australia", he said. "We would like to think that our participation will add value to ACICA, and similarly, that we will achieve benefits, both for ourselves, but more particularly, for our clients and for DLA Piper clients."
04.06.08:Australian Arbitration Seminar
The Chair of the Australian Maritime and Transport Arbitration Commission (AMTAC), Mr Peter McQueen, invites you to attend a seminar on Promoting Australian Arbitration.
The presenters are drawn from the AMTAC Foundation Members, including
the University of Queensland, Murdoch University and the Attorney
General's Department, and from lawyers having practical arbitration
experience.
| Date: | Friday, 27 June 2008 |
| Time: | 12 noon - 4.15pm |
| Venue: | Mallesons Stephen Jaques Level 10, Central Park 152 St Georges Terrace PERTH |
| Cost: | Students participating in the International Maritime Arbitration Moot: FREE All others: $200 incl. GST |
Please contact Emma Matthews on 02 9286 3591 or ematthews@acica.org.au for more information
04.06.08:The UNIDROIT Principles of International Commercial Contracts: What Do
They Mean for Australia?
UNIDROIT is an intergovernmental organisation founded in Rome in 1926 to promote private law unification. In 1994 it published "Principles of International Commercial Contracts", primarily for parties to incorporate into their cross-border agreements. The Principles were expanded in 2005 and are now being further revised.
This Seminar will introduce the Principles to Australian lawyers, focusing on such areas, as well as their actual and potential usage in negotiating, drafting and resolving disputes concerning a wide range of international commercial contracts.
| Cost: | $100. (GST incl); full time student/unwaged rate: $50 (GST incl.) |
| Venue: | Sydney Law School, 173-175 Phillip Street, Sydney |
| Date: | Wednesday 25 June 2008 from 6:00 pm - 7:30 pm |
| Speaker: | Professor M J Bonell (University of Rome I / UNIDROIT) |
| Commentators: | The Hon. Justice Paul Finn (Federal Court, Adelaide) Adj. Professor Donald Robertson (Freehills, Sydney) |
| Chair: | The Hon. L. J. Priestley, QC (Sydney) |
| Academic Coordinator: | A/Prof Luke Nottage (Sydney Law School) |
Full details of the seminar and registration form can be downloaded
here.
04.06.08: New APRAG MemberL Karachi Centre for Dispute Resolution
APRAG Executives recently approved the application of Karachi Centre for Dispute Resolution (KCDR) to join APRAG as a member.
KCDR was established in 2007 as a "not-for-profit" registered organisation with the support of the High Court of Sindh, Pakistan and International Finance Corporation / World Bank Group. It aims to provide professional mediation services for the resolution of commercial cases and disputes. KCDR's operation is under supervision and guidance of former and current members of Pakistan's superior judiciary and prominent business leaders.
To learn more about KCDR, please visit www.kcdr.org.
09.05.08:New ACICA President & New ACICA Director of Arbitration
ACICA has appointed a new President and has created a new position, Director of Arbitration.
The new President of ACICA is Doug Jones AM. Doug is an international infrastructure and dispute resolution lawyer of worldwide repute. He heads the Major Projects, International Arbitration and Construction Practices at Clayton Utz.
Doug Jones has thanked the outgoing President, Michael Pryles AM, for his outstanding and tireless contribution to international arbitration in Australia.
Doug Jones has announced that David Fairlie would take up the post of the newly created position of Director of Arbitration. David Fairlie has extensive experience in dispute resolution - both in managing large Court cases and arbitrations, both domestic and international, and in achieving negotiated solutions through the use of mediation and other alternative dispute resolution techniques.
10.04.08: Diploma in International Commercial Arbitration
The Australian and Malaysian branches of the Chartered Institute of Arbitrators, in conjunction with the University of New South Wales, are conducting a Diploma Course in International Arbitration from Sunday 1 June to Saturday 14 June 2008 in Kuala Lumpur, Malaysia.
This intensive course in International Commercial Arbitration is offered over two weeks at post graduate level. Participants will be taught the practice of international commercial arbitration, including all major forms of arbitration and related dispute settling mechanisms such as WIPO and WTO. Participants will gain the ability to appear in or act as an arbitrator in such arbitrations in different contexts.
For more information, please see the attached flyer.
04.03.08: Report on the 48th Session of UNCITRAL Working Group II (Arbitration) - New York, 4-8 February 2008
The UNCITRAL Working Group II (Arbitration) held its 48th Session in New York from 4 to 8 February 2008. The purpose of this Session was to revise the UNCITRAL Arbitration Rules. ACICA was represented at the Session by Mr Alex Baykitch. Further, ACICA Treasurer Dr Clyde Croft SC attended the Session on behalf of the Asia Pacific Regional Arbitration Group (APRAG).
Dr Croft has prepared a report on the discussions of the Working Group which can be found here:
» Report
» Appendices
23.01.08: Event - Mediation and Arbitration in International Commercial Disputes
A seminar entitled "Mediation and Arbitration in International Commercial Disputes" is being held from 8-10 February 2008 in Jaipur, India. The seminar is jointly organised by the UIA - International Association of Lawyers and LAWASIA, with the support of the UIA - India Chapter.
The seminar will feature speakers and panelists who are all top experts from the UIA, LAWASIA and India. The approach will be essentially practical and interactive, allowing for questions and debate. A CD-ROM with the presentations and additional material will complete the information offered to the participants.
For more information visit www.uialawasia2008.com or contact Ms Mary ROSSITER of LAWASIA on tel: +61 7 3222 5888 or by email mary.rossiter@lawasia.asn.au.
17.12.07:International Court of Arbitration appoints Simon Greenberg as Deputy Secretary General
ACICA congratulates Simon Greenberg on his appointment as Deputy Secretary General of the ICC International Court of Arbitration as from January 2008.
Simon is well remembered for his work as Deputy Secretary General of ACICA subsequently as Secretary of APRAG.
We wish him well in his important new position.
20.11.07:Arbitration and Mediation today: WIPO, domain name and other Intellectual Property disputes
The Chartered Institute of Arbitrators (CIArb) Victorian Chapter, in conjunction with the Australasian Forum for International Arbitration (AFIA), is hosting a talk presented by Mr Erik Wilbers, Acting Director of WIPO Arbitration and Mediation Centre, Geneva. The talk is titled, "Arbitration and Mediation today; WIPO, domain name and other Intellectual Property disputes".
The event will be hosted by Mallesons Stephen Jaques in Melbourne, on Monday 3 December 2007, and will be video linked to Brisbane, Canberra, Sydney, Adelaide, Perth and Auckland.
Please see the attached flyer for further information.
30.10.07:Report on the 47th Session of UNCITRAL Working Group II (Arbitration) - Vienna, 10-14 September 2007
The UNCITRAL Working Group II (Arbitration) held its 47th Session in Vienna from 10 to 14 September 2007. This Session was dedicated to revising the UNCITRAL Arbitration Rules. ACICA was represented at the Session by Mr Alex Baykitch. Further, ACICA Treasurer Dr Clyde Croft SC attended the Session on behalf of the Asia Pacific Regional Arbitration Group (APRAG).
Dr Croft has prepared a report on the discussions of the Working Group which can be found here.
Dr Clyde Croft SC (right) with Mr Chris Kee.
30.10.07:Recent House of Lords decision on the construction of arbitration agreements: Premium Nafta Products Ltd v Fili Shipping Co Ltd
A recent decision of the House of Lords has signalled a "fresh start" in the construction of arbitration agreements under English law.
The previous approach in England was to distinguish between different formulations in arbitration agreements such as "arising out of", "arising under", "arising in connection with": some of these wordings were not considered broad enough to empower a tribunal to decide certain questions regarding whether the contract was valid, or came into existence, or has become ineffective.
However this decision has swept those distinctions aside and replaced them with the assumption that "the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship into which they have entered or purported to enter to be decided by the same tribunal. The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator’s jurisdiction".
The English Court of Appeal case which first rejected these distinctions is Fiona Trust & Holding Corp v Privalov [2007] EWCA Civ 20 (view the case) and the appeal to the House of Lords which upheld the Court of Appeal decision is Premium Nafta Products Ltd v Fili Shipping Co Ltd [2007] UKHL 40 (view the case).
30.10.07:New ACICA Directors
ACICA welcomes its two newest Directors, Mr Peter Harris and Ms Judith Levine. Mr Harris is Secretary of the Department of Sustainability and Environment in the Victorian Government. Ms Levine is an Associate in the New York office of White & Case.
Mr Harris and Ms Levine's appointment to the Board will be confirmed at the next Board Meeting.
05.10.07:Global survey sheds light on perceptions of international arbitration
A comprehensive global study commissioned by PricewaterhouseCoopers unveils the perceptions of international arbitration held by in-house counsel of leading companies. For more information on the study click here.
15.09.07:New ACICA booklet - Managing Cross-Border Disputes
ACICA has recently published a booklet entitled Managing Cross-Border Disputes: International Arbitration Explained. The booklet was prepared with the support of the Australian Government and seeks to assist Australian corporations by explaining the significance and advantages of international arbitration for managing disputes in cross-border transactions.
An electronic copy of the booklet can be found here (note: 3.5MB file).
A press release from the Attorney-General of Australia about the booklet can be found here.
15.09.07:ACICA/ACLA Joint Conference on International Commercial Arbitration
ACICA and the Australian Corporate Lawyers Association (ACLA) presented a joint conference on International Commercial Arbitration in Sydney, showcasing an impressive program accommodating both the theoretical underpinnings of international commercial arbitration as well as the practical application of international arbitration in Australia and our region.
ACICA and ACLA brought together representatives from major law firms, experienced arbitration practitioners and in-house lawyers who have experience in the practice of international arbitration. Speakers included The Hon James J Spigelman AC, Chief Justice of New South Wales, The Hon Justice James Allsop, The Hon Andrew Rogers QC, Sir Laurence Street AC KCMG QC, Professor Michael Pryles AM, Professor Doug Jones AM RFD, Professor Malcolm Holmes QC, Professor Richard Garnett and Dr Gavan Griffith AO QC.
The lunch time speaker was Professor Jeff Waincymer, a professor of International Trade Law at the Faculty of Law at Monash University in Melbourne. Professor Waincymer spoke on WTO dispute resolution procedures.
The conference examined issues such as the Australian legal regime for international commercial arbitration; drafting effective and enforceable arbitration agreements; procedural flexibility and economic efficiency: a comparison of litigation and arbitration; the institutional options for arbitration and the use and value of arbitration for Australian business.
The conference was sponsored by List A Barristers, Allens Arthur Robinson, Blake Dawson Waldron, Clayton Utz, Freehills, Mallesons Stephen Jaques, Minter Ellison, PricewaterhouseCoopers and Corrs Chambers Westgarth.
15.09.07:New appointment for Dr Clyde Croft SC
ACICA congratulates its Treasurer Dr Clyde Croft SC on his appointment as the Deputy Chancellor of the Anglican Diocese of Melbourne.