ACICA
Australian Centre for International Commercial Arbitration
News Archive
20.11.07:AMTAC Annual Address
The Chair of the Australian Maritime and Transport Arbitration Commission (AMTAC), Mr Peter McQueen, invites you to attend AMTAC's Annual Address and presentation to the Foundation Members of AMTAC.
The speaker for the Annual Address is the Honourable Justice James Allsop of the Federal Court of Australia. His Honour will speak on the topic "International Maritime Arbitration – Legal and Policy Issues" .
Date: Tuesday 4 December 2007
Time: 5.30pm – 7.30pm
Venue: Austrade, Level 23, AON Tower, 201 Kent Street, Sydney
Speaker: The Honourable Justice James Allsop of the Federal Court of Australia.
Topic: International Maritime Arbitration – Legal and Policy Issues.
RSVP to:
ACICA Secretary General (Emma Matthews)
Email: ematthews@acica.org.au
Ph: (02) 9286 3591
Fax: (02) 9267 3125
The flyer for the event can be found here.
back to top15.09.07:Clayton Utz / University of Sydney International Arbitration Lecture
This year's Clayton Utz / University of Sydney International Arbitration Lecture is being held at 5pm on Tuesday, 9 October 2007 at the Supreme Court of New South Wales. The lecture will be given by Professor Gabrielle Kaufmann-Kohler who will discuss the topic: "When Arbitrators Facilitate Settlement: Amiable Imposition or Actual Solution?".
Further information can be found in the lecture flyer.
Visit www.ialecture.com/2007 for online registration.
18.07.07:20th LAWASIA Conference
The 20th Biennial LAWASIA Conference was held from 5 - 8 June 2007 at the Hong Kong Convention & Exhibition Centre, Hong Kong. The conference was hosted by the Law Society of Hong Kong and provided an intense discussion forum on a myriad of legal issues affecting the region.
The conference featured a speech by the Hon J J Spigelman AC, Chief Justice of New South Wales, on international litigation and arbitration. The text of the speech can be found here.
18.07.07:ACICA Mediation Rules
ACICA has recently promulgated a set of Mediation Rules. The ACICA Mediation Rules can be found here.
ACICA has also created a Panel of Mediators. The Honourable Sir Laurence Street, AC, KCMG, QC will be the first member of the Panel of Mediators. If you are interested in applying to join the Panel of Mediators, please contact our Secretary General, Emma Matthews (ematthews@acica.org.au).
03.07.07: ACICA/ACLA Joint Conference on International Commercial Arbitration
It is our great pleasure to welcome you to the Australian Centre for International Commercial Arbitration and Australian Corporate Lawyers Association ("ACLA") Joint Conference on International Commercial Arbitration. The Conference will be held on Friday 10 August 2007 at the Shangri-La Hotel, Sydney.
The objective of ACLA is to be, and to be recognised as, the primary professional association of in-house lawyers in Australia, providing an efficient and effective range of benefits and services which will advance members' professional development and standing and meet their individual needs.
The Conference showcases 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. We hope that the participants of the Conference will enjoy both the presentations and the panel discussions.
ACICA and ACLA have brought together an outstanding group of experts to participate in the Conference. They comprise representatives from the major law firms, experienced arbitration practitioners and in-house lawyers who have experience in the practice of international arbitration. The Conference therefore presents an excellent opportunity to learn about international arbitration from the foremost experts.
We look forward to meeting you in August at what promises to be an interesting and engaging Conference.
Michael Pryles President ACICA and Bruce Brown National President ACLA
REGISTRATION DETAILS
| Registration Type | Online | Manual |
| ACICA/ACLA Member | $675 | $695 |
| Non Member | $775 | $795 |
Registration Includes: conference sessions, conference program, morning/afternoon tea, seated lunch and post conference drinks. To maintain your pre-registered conference rate, you are required to pay within 7 days of registering, please keep this in mind if you are required to obtain prior authorisation.
THE DEADLINE FOR ALL REGISTRATIONS IS Tuesday 31 July 2007 Registrations or payment made after this date will incur a $50.00 late registration fee.
Payment can be made by credit card (MasterCard, Visa, Amex or Diners) or cheque in Australian Dollars. Cheques must be made payable to: ICE Australia
Please address all registration forms and cheques to:
2007 ACICA Conference
C/- International Conferences & Events (ICE) Aust Pty Ltd
183 Albion Street
Sydney NSW 2010
AUSTRALIA
Fax: +61 2 9368 1500
If you experience problems with the online registration form, please contact the conference organisers International Conferences & Events (ICE) Australia Pty Ltd
Phone: +61 2 9368 1200
Email: acica@iceaustralia.com
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02.06.07: Bolivia withdraws from ICSID
On 2 May 2007, the World Bank received a written notice of denunciation of the ICSID Convention from the Republic of Bolivia. In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Bolivia’s notice, i.e., on 3 November 2007.
Bolivia is the first nation to withdraw from the ICSID Convention. Venezuela has also indicated it will withdraw from the Convention, but has not yet officially done so.
02.05.07: Launch of the Australian Maritime and Transport Arbitration Commission
On Thursday 26 April 2007 Federal Attorney-General Philip Ruddock officially launched the Australian Maritime and Transport Arbitration Commission (AMTAC). Other speakers at the launch included the Hon Justice James Allsop of the Federal Court of Australia, Mr Peter McQueen, the convenor of the AMTAC steering committee and Professor Michael Pryles, President of ACICA.
AMTAC will capitalise on the skills and expertise of maritime lawyers, arbitrators, judges and scholars in Australia with the aim of making Australia an international leader in maritime and transport law.
A press release by the Attorney-General's Department can be found here.
 Mr Peter McQueen |
 The Hon Philip Ruddock MP |
 Professor Michael Pryles AM |
 The Hon Justice James Allsop |
02.05.07: Diploma in International Commercial Arbitration
The Australian Branch of the Chartered Institute of Arbitrators in conjunction with the University of New South Wales is conducting the second Diploma Course in International Arbitration between 25 June and 6 July 2007.
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.
18.04.07: 10th AFIA Symposium in Melbourne
On 11 May 2007 the Australasian Forum for International Arbitration (AFIA) is holding a symposium on international arbitration in Melbourne. The symposium will be held at the premises of Clayton Utz from 1:30 pm to 5 pm. It will be conducted in an informal atmosphere and is intended to encourage participation from all participants, irrespective of their level of knowledge or experience in international arbitration.
The invitation and registration form can be found here.
23.03.07: Report on the 46th Session of UNCITRAL Working Group II (Arbitration) - New York, 5-9 February 2007
The UNCITRAL Working Group II (Arbitration) held its 46th Session in New York from 5 to 9 February 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) and Mr Kieran Hickie.
23.03.07: ACICA concludes Cooperation Agreement with the China Maritime Arbitration Commission
ACICA is pleased to announce that it has concluded a Cooperation Agreement with the China Maritime Arbitration Commission. The Agreement was signed at a ceremony on 6 March 2007, which was kindly hosted by the Honourable Chief Justice Black of the Federal Court of Australia.
23.03.07: ACICA establishes Australian Maritime and Transport Arbitration Commission
On 6 March 2007 ACICA and the Chinese Maritime Arbitration Commission (CMAC) signed a Cooperation Agreement at the Federal Court of Australia in Sydney. At that signing ceremony, it was announced that ACICA has agreed in principle to the establishment, within the framework of ACICA, of the Australian Maritime and Transport Arbitration Commission, or AMTAC.
Peter McQueen has been appointed to convene the steering committee charged with launching AMTAC. The other members of that working party are Stephen Bouwhuis, Assistant Secretary, Office of International Law, Attorney-General's Department and Malcolm Holmes QC, President of the Australian Chapter of the Chartered Institute of Arbitration.
The text of the speech delivered by Peter McQueen can be found here.
23.03.07: SIAC-ASA-HKIAC Arbitration Conference
The Singapore International Arbitration Centre (SIAC), in conjunction with the Swiss Arbitration Association (ASA) and the Hong Kong International Arbitration Centre (HKIAC) is hosting the ‘Asian-European Business Disputes Conference - Arbitration in Switzerland’’ in Singapore. The conference will be held at the Grand Plaza Park Hotel, City Hall on 4 May 2007.
The flyer for the event can be found here. For more information, please contact Geraldine Ng (geraldineng@siac.org.sg or +65 6334 1277).
17.02.07:The Fourteenth Annual Willem C. Vis International Commercial Arbitration Moot
ACICA is proud to announce that it will sponsor the Fourteenth Annual Willem C. Vis International Commercial Arbitration Moot. The Moot will take place in Vienna from 30 March to 5 April 2007. It is anticipated that once again the Moot will be hugely successful, with over 160 law schools from around the world taking part. The goals of the Vienna Moot are to foster the study of international commercial law and arbitration and to train the leaders of tomorrow in alternative methods of dispute resolution.
There is also a "sister" competition to the Vienna Moot which is the Fourth Annual Willem C. Vis (East) International Commercial Arbitration Moot. The Vis (East) Moot will take place in Hong Kong from 19 to 25 March 2007, immediately prior to the Vienna Moot.
For more information on the Vienna Moot, visit its website: http://www.cisg.law.pace.edu/vis.html. For more information on the Vis (East) Moot, visit its website http://www.cisgmoot.org/.
17.02.07:ACICA concludes cooperation agreement with the FICCI Arbitration and Conciliation Tribunal
ACICA is pleased to announce that it has recently concluded a cooperation agreement with the FICCI Arbitration and Conciliation Tribunal (FACT).
FACT is a part of the Federation of Indian Chambers of Commerce and Industry (FICCI), which is the largest and oldest apex business organization of Indian business. More information on FACT can be found here: www.ficci-arbitration.com.
17.02.07:ICC/FIDIC Conference - Dubai, 22-23 April 2007
The ICC/FIDIC Conference on International construction contracts and the resolution of disputes will be held at the Dubai Chamber of Commerce and Industry on Sunday 22 and Monday 23 April 2007.
The conference will review the procedure for claims and disputes under FIDIC contracts and explain the legal entitlements of the contractor and employer. The conference will also focus on specific features of dispute resolution in international construction contracts and explore practical implications and current developments, particularly in the Gulf.
The conference brochure can be found here. Register on-line at http://www.iccwbo.org/events to make a saving of US$20.
17.02.07:10th IBA International Arbitration Day
The 10th IBA International Arbitration Day is being held on Friday 2 March 2007 at the Intercontinental Hotel, Madrid. The conference is being presented by the Arbitration Committee of the International Bar Association’s Legal Practice Division and offers an excellent opportunity to be updated on key developments in international arbitration and to network with
the many leading practitioners and distinguished experts who are expected to attend. The conference will focus on key issues affecting decision-making by arbitrators.
The conference website can be found here.
08.02.07:20th Biennial LAWASIA Conference
The 20th Biennial LAWASIA Conference is being held on 5 - 8 June 2007 at the Hong Kong Convention & Exhibition Centre, Hong Kong. The conference will be hosted by the Law Society of Hong Kong and will cover a wide range of issues including arbitration and mediation.
For registration and further program details, please visit the conference website: www.lawasia2007.org
31.01.07:Decision of the Full Court of the Federal Court of Australia in Comandate Marine Corp v Pan Australia Shipping Pty Ltd
One of the strongest pro-arbitration decisions handed down by an Australian Court is the recent decision of the Full Court of the Federal Court of Australia in Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192. This case overturned the decision of Rares J in Pan Australia Shipping Pty Ltd v The Ship "Comandate" (No 2) [2006] FCA 1112.
The case addressed a number of matters, including:
- the waiver or abandonment by conduct of the right to arbitrate;
- the requirement that an arbitration agreement be contained in an exchange of letters or telegrams under Article II(2) of the New York Convention; and
- the arbitrability of claims arising under Australia's anti-trust legislation.
The decision is an excellent example of the recognition by a court of the significance and importance of party autonomy in international commercial disputes and of the role of international arbitration. It demonstrates a thorough and deep understanding of the philosophy underlying international arbitration and of the policy contained in legislation such as the Model Law and the New York Convention. It also is an excellent illustration of the appropriate role of a court in liberally interpreting an arbitration agreement and refusing to adopt a narrow and pedantic approach.
The full text of the decision can be found here.
16.12.06:ACICA receives first Notice of Arbitration under the ACICA Rules
Recently ACICA received its first Notice of Arbitration under the new ACICA Rules. The ACICA Rules were officially launched in Sydney on 12 July 2005 by Sir Laurence Street, Chairman of the Commonwealth International Legal Services Advisory Council.
The ACICA Rules provide an advanced, efficient and flexible framework for the conduct of international arbitrations. They are based on the UNCITRAL Arbitration Rules but have been updated and refined and heavily influenced by the new Swiss rules. The ACICA Rules can be viewed here.
04.11.06:Asian-European Business Disputes Conference - "Arbitration in Switzerland"
The APRAG Regional Conference will be followed by the Asian-European Business Disputes Conference - "Arbitration in Switzerland". The Conference is being hosted by the Hong Kong International Arbitration Centre (HKIAC) in conjunction with the Swiss Arbitration Association (SAA) and the Singapore International Arbitration Centre (SIAC), with the support of the Swiss Chamber of Commerce in Hong Kong.
The Conference will be held on Wednesday 6 December 2006 from 2 - 5:30 pm at the premises of HKIAC. The Conference will cover such issues as Switzerland's role in arbitration and the arbitration rules used in Switzerland. Registration for the conference is free.
The Conference flyer can be found here.
For more information contact Esther Lai at HKIAC.
04.11.06:23rd AAA/ICC/ICSID Joint Colloquium on International Arbitration
On 17 November 2006, the International Centre for the Settlement of Investment Disputes (ICSID) will host the 23rd Joint Colloquium on International Arbitration. The event is co-sponsored by the American Arbitration Association (AAA), the International Court of Arbitration of the International Chamber of Commerce (ICC) and ICSID.
The panel discussions will focus on recent developments at the three institutions; production of documents and other evidentiary issues; new challenges regarding confidentiality; and selected substantive issues arising from arbitration involving State parties. During the luncheon session, a panel will take questions and observations from colloquium participants, enabling an interactive discussion on current issues in international arbitration.
For more information, please visit the conference website which can be found here.
The conference flyer can be found here.
04.11.06:Symposium on International Commercial Arbitration presented by the LCIA and ICSID
The London Court of International Arbitration (LCIA) will be holding its latest symposium on 18 November 2006. The symposium is being presented in cooperation with ICSID and immediately follows the AAA/ICC/ICSID 23rd Joint Colloquium on International Arbitration. The symposium is based around current issues of key interest in the field, proposed in advance by delegates and keenly debated from the floor, under the expert guidance of well-known co-chairs. There are no set talks.
Delegates who also attend the AAA/ICC/ICSID Colloquium will have an opportunity to continue the debate on themes arising at that event.
If you wish to attend please complete the registration form (available from the LCIA website) and send by fax to Irene Bates at the LCIA +44 (0) 20 7936 7009. Numbers will be restricted to preserve the effectiveness of the symposium format so early registration is recommended.
For more information, please visit the LCIA website: www.lcia.org
The conference flyer can be found here.
18.10.06:AFIA Symposium in Sydney
On Friday 10 November the Australasian Forum for International Arbitration (AFIA) is holding a symposium in Sydney, Australia. The symposium is free of charge and is intended to offer exposure to the field of international arbitration for younger practitioners. It is held in an informal atmosphere and involves discussion in a round table format based on questions provided by participants prior to the event. Anyone interested in international arbitration is encouraged to attend. Further information can be found here.
18.10.06:ACICA concludes cooperation agreement with the Arbitration Center of Mexico
ACICA is pleased to announce that it has recently concluded a cooperation agreement with the Arbitration Center of Mexico (CAM).
The agreement aims to allow ACICA and CAM to cooperate in the promotion of arbitration and alternative means of dispute resolution. The agreement allows the parties to cooperate in a number of ways including by organising conferences and seminars together; exchanging information and advice on arbitration; recommending arbitrators and mediators to each other; and providing facilities for the recording of evidence.
More information on CAM can be found here: www.camex.com.mx.
18.10.06:Forty-fifth Session of the UNCITRAL Working Group II (Arbitration) - Vienna, 11-15 September 2006
At its thirty-ninth session (New York, 19 June - 7 July 2006), the United Nations Commission on International Trade Law ("UNCITRAL") agreed that, in respect of future work of Working Group II (Arbitration), priority be given to a revision of the UNCITRAL Arbitration Rules (1976) (“the UNCITRAL Rules”).
In September 2006 the Working Group met in Vienna to identify areas in which the UNCITRAL Rules could possibly be revised. ACICA Board Member Dr Clyde Croft SC represented the Asia Pacific Regional Arbitration Group (APRAG). This preliminary review was done to allow the UNCITRAL Secretariat to prepare the first tentative draft of revised UNCITRAL Rules for subsequent sessions.
A report by Dr Croft on the discussions of the Working Group can be found here.
18.10.06:Decision of Malaysian Court of Appeal in Sri Lanka Cricket v World Sports Nimbus
The recent Malaysian case of Sri Lanka Cricket v World Sports Nimbus Pte Ltd [2006] 3 MLJ 117 highlights potential difficulties with enforcement of foreign arbitral awards in Malaysia under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("the Convention").
Malaysia is a party to the Convention and has implemented the Convention in the Malaysian New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 ("New York Convention Act"). Section 2(2) of the New York Convention Act provides that "the Yang Di-Pertuan Agong may, by order in the Gazette, declare that any State in the order is a party to the New York Convention, and that order shall, while in force, be conclusive evidence that that State is a party to the said Convention".
This case concerned an application for enforcement of an arbitral award rendered in Singapore. Here the Court of Appeal held that, because Malaysia has made the reciprocal reservation, and Singapore's accession to the Convention was not notified in the Gazette, the Convention could not be applied to enforcement of the award. Rather, enforcement would have to be sought at common law, or by registering the award as a judgment in the Singapore High Court and seeking enforcement as a foreign judgment.
This decision is currently being appealed. Further it should be noted that the New York Convention Act has been replaced by the Arbitration Act 2005. As the Arbitration Act 2005 does not contain the requirement of notification in the Gazette, this problem is unlikely to arise in the future.
18.10.06:Decision of the Federal Court of Australia in Pan Australia Shipping Pty Ltd v The Ship "Comandate" (No 2)
In this recent Federal Court of Australia decision an application for a stay of proceedings in favour of arbitration was refused and an arbitration agreement was held not to constitute an "agreement in writing" under Article II r 2 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("New York Convention").
Pan Australia Shipping Pty Limited ("Pan") was the time charterer of the ship Comandate, a vessel owned by Comandate Marine Corp ("Comandate Marine"). The charter party provided that disputes arising under it must be arbitrated in London.
Prior to the present case Comandate Marine had claimed damages in the Federal Court for breach of the charter party agreement without making a claim for security or to enforce the obligation to arbitrate. It was held in this case that that conduct constituted an election to litigate, rather than arbitrate, the whole dispute and thus prevented Comandate Marine from subsequently seeking to enforce the obligation to arbitrate.
Further the charter party agreement had been negotiated by a series of telexes and emails and formed by Pan's conduct in providing a bank guarantee to Comandate Marine. It was held that since the requirements of Article II r 2 cannot be satisfied by oral or tacit acceptance of a written offer to arbitrate, the formal requirements of Article II r 2 were not satisfied as on the evidence there was no "agreement in writing".
The full text of the decision can be found here.
15.08.06: APRAG Conference, Hong Kong 3-5 December 2006
The Hong Kong International Arbitration Centre (HKIAC) is hosting the Asia Pacific Regional Arbitration Group Conference 2006 from 3-5 December at the Four Seasons Hotel Hong Kong. The Conference will cover such issues as recent developments within the region, the management of costs in arbitration and the court's support to arbitration. The Conference Flyer can be found here.
For further information, contact HKIAC:
15.08.06:APRAG Members Meeting, Hong Kong 3 December
The Second Bi-Annual Meeting of APRAG Members will take place on 3 December 2006 at 4:00 pm. The meeting will be held at the premises of the Hong Kong International Arbitration Centre, 38th Floor, Two Exchange Square, Central, Hong Kong, SAR.
At the meeting a new executive will be appointed and applications from prospective members will be considered.
15.08.06:ACICA makes appointment of arbitrator under the Construction Industry Long Service Leave Act 1997 (Vic)
ACICA has made its first appointment under the Construction Industry Long Service Leave Act 1997 (Vic). The Act provides for a portable long service leave scheme owned and administered by the construction industry in Victoria. Section 12 of the Act provides that in the event of a dispute under the Act the Secretary-General of ACICA will appoint an arbitrator.
23.07.06: Recent study - "International arbitration: Corporate attitudes and practices"
PricewaterhouseCoopers in association with the School of International Arbitration, Queen Mary, University of London, has published a unique study looking into corporate attitudes and practices surrounding international arbitration.
This study into the views of in-house counsel at leading corporations around the world tests twelve perceptions around international arbitration and uses the empirical evidence from the research to either confirm or challenge these perceptions. The results provide valuable insights for any business that trades or invests abroad. The full academic report entitled "International Arbitration - Corporate Attitudes and Practices. 12 Perceptions Tested: Myths, Data and Analysis; Research Report" produced by Professor Dr. Loukas Mistelis has been published in Volume 15 of the American Review of International Arbitration.
The PricewaterhouseCoopers Report is available here.
23.07.06: Chartered Institute of Arbitrators Diploma Course in International Arbitration
The Australian Branch of the Chartered Institute of Arbitrators in conjunction with the University of New South Wales conducted the inaugural Diploma Course in International Arbitration between 26 June and 7 July 2006. The first week, held at the University of NSW, covered the fundamentals of international commercial arbitration and analysed legal concepts and issues arising during the course of an arbitration.
In week two, the lectures were held at the law offices of the Corporate Members of ACICA and covered a number of case studies. In the afternoon sessions the students took part in Chartered Institute of Arbitrators' group workshop assessments.
The Course was devised by Malcolm Holmes QC, a Fellow of ACICA, and Doug Jones, Chairman of the Board of Trustees of the Chartered Institute of Arbitrators and a Vice President of ACICA.
The Course Speakers and Panellists comprised academics and practitioners from across Australia. The twenty three students who attended the course came from a variety of backgrounds and were enthusiastic in their praise of the content of the Course.
The Chartered Institute and the University of NSW were appreciative of the generous support provided by the ACICA Corporate members and their staff. In addition the President of the Law Society, Ms June Mc Phie, hosted a Dinner during the first week which was attended by Mr Justice Allsop of the Federal Court, Her Honour Justice Paddy Bergin of the NSW Supreme Court, Judge Peter Johnstone of the NSW District Court, the students and all those involved as Course speakers, panellists and tutors. The guest speaker, introduced by Michael Shand QC, Vice Chairman of the Victorian Bar Council, was a former president of the Chartered Institute, His Honour Mr Justice Garry Downes, and his speech is accessible here
07.06.06: ICC/FIDIC Conference, Hong Kong 3-4 July 2006
The 6th Conference on International Construction Contracts hosted by the International Chamber of Commerce (ICC) and the International Federation of Consulting Engineers (FIDIC) in Hong Kong on July 3rd and 4th, will explore how disputes over international construction contracts can be resolved in a timely and cost-efficient manner. From engineers to legal advisors; anyone in the field of international construction will benefit from hearing renowned experts review the procedure for claims and disputes under FIDIC Conditions of Contract, the most widely used standard forms of international construction contract. The conference offers delegates the opportunity to participate in discussions on public and private FIDIC contract forms, in particular the new MDB harmonized construction contract, the Red, Yellow and Silver books. The Conference brochure can be found here.
For further information, contact ICC:
- Dorothy Cross, ICC; tel/fax: +33 (1) 49 53 28 70/49 53 29 42
- www.iccconferences.com; dcc@iccwbo.org
ACICA is a supporter of the ICC/FIDIC conference.
19.05.06: AFIA Symposium in Melbourne
On Friday 16 June the Australasian Forum for International Arbitration (AFIA) is holding a symposium in Melbourne, Australia. The symposium is free of charge and is intended to offer exposure to the field of international arbitration for younger practitioners. It is held in an informal atmosphere and involves discussion in a round table format based on questions provided by participants prior to the event. Anyone interested in international arbitration is encouraged to attend. Further information can be found here.
19.05.06: Decision of Supreme Judicial Court of Massachusetts in Superadio
In Superadio Limited Partnership v Winstar Radio Productions LLC, (28 March 2006) the Supreme Judicial Court of Massachusetts held that an award would not be set aside where counsel representing a party in the arbitration arguably was engaged in the unauthorised practice of law in that State.
In the arbitration, one of the parties was represented by an attorney who was not licensed to practise in Massachusetts, which was the seat of the arbitration. Unfortunately the Court did not address the issue of whether an out-of-State attorney's representation of a party at a Massachusetts proceeding constituted the unauthorised practice of law. However it did conclude that, even assuming that the representation might constitute the unauthorised practice of law, the conduct would not provide a basis to vacate the award. Greaney J delivering the majority judgment stated that this was because under the General Laws of Massachusetts c. 251, § 12 (a) (1), "absent fraud, [corruption, or other undue means,] errors of law or fact are not sufficient grounds to set aside an award" (at [2]).
The full text of the judgment can be found here.
11.05.06: Foreign Arbitrators in the Philippines
In recent years a number of foreign arbitrators sitting in the Philippines have been challenged. The basis of the challenge is that the arbitrators are engaging in the practice of law, in breach of Philippine law. A recent decision of the Regional Trial Court of Makati City holds that foreign arbitrators sitting in the Philippines do not breach Philippine law: Equitable PCI Bank v RCBC Capital Corporation, 10 March 2006. The court noted that the arbitration before it was being conducted under the domestic arbitration law under Republic Act 876. This does not require that arbitrators be lawyers or members of the Integrated Bar of the Philippines. It follows that arbitrators are not practising law. In the case of an international arbitration the court noted that section 22 of the law provided that a party may be represented by any person of its choice.
03.05.06: ACICA's new Perth office
ACICA is proud to announce the opening of its new office in Perth. The office is hosted by the Western Australian Institute of Dispute Management at Murdoch University, South Street, Murdoch, Western Australia. This is part of a new cooperation agreement between the two organisations which will allow them to collaborate on workshops and seminars in the future.
ACICA also welcomes the appointment of Professor Gabriël Moens as a Director and Deputy Secretary-General. Professor Moens is a Professor of Law and the Dean of the Murdoch University Law School.
03.05.06: Diploma in international commercial arbitration
ACICA is sponsoring the Chartered Institute of Arbitrators' Diploma in International Commercial Arbitration. The course is being held at the University of New South Wales from Monday 26 June to Friday 7 July. More information can be found here.
23.02.06: US Supreme Court Decision in Buckeye Check Cashing
In Buckeye Check Cashing, Inc. v. Cardenga the Florida Supreme Court found that only a court can decide whether a contract containing an arbitration clause is void. On 21 February the United States Supreme Court reversed this decision. Relying on Prima Paint and Southland, the Supreme Court found that the principle of severability was a principle of substantive federal law applicable in state and federal courts. Accordingly the Court found allegations as to the illegality of the contract could be determined by an arbitral tribunal. The case can be found here.
On 1 April 2006 the Australasian Forum for International Arbitration (AFIA) is holding a symposium on international arbitration in Hong Kong. It will be conducted in an informal atmosphere and is intended to encourage participation from all participants, irrespective of their level of knowledge or experience in international arbitration. Further information can be found here.
23.02.06: Conference on Cross-border Disputes
The Malaysian branch of the Chartered Institute of Arbitrators is holding an international conference on cross-border disputes in Kuala Lumpur on March 31 and April 2006. The conference will be an excellent opportunity to learn about topical arbitration issues from many of the world's leading arbitration experts. Further information can be found here.
21.01.06: ICC / HKIAC Symposium
On Monday 27 March 2006 the International Chamber of Commerce and the Hong Kong International Arbitration Centre are jointly holding a symposium at the Ritz-Carlton in Hong Kong on “Institutional Arbitration - an effective method of resolving International Commercial Disputes”. The program can be found here. Further details will be provided shortly.
On 17 February 2006 the IBA is holding its 9th International Arbitration Day Conference. Topics that will be discussed include Keeping Arbitrations on Track, Legitimate Procedures and Delay Tactics, Enforcement Issues in Asia and The Way Forward in Arbitration. Further information can be found here.
On 16 February 2006 Juris Conferences LLC is presenting its first annual symposium on the conduct of international arbitrations in Asia. Leading international arbitrators and practitioners, from Asia, North America and Europe will discuss, in Socratic form, four topics of importance to lawyers, arbitrators and businessmen who are involved in the resolution of international commercial disputes through arbitration. The subjects that will be taken up will be of importance to persons interested in how international arbitrations can be effectively and fairly conducted. Learn about discovery in international arbitration, advocacy in international arbitration, presentation of evidence, and management of arbitral proceedings. Further information can be found here.
In 2005 ACICA celebrates its 20th Anniversary. On 14 November a dinner was held to celebrate the occasion. Hosted by corporate member Blake Dawson Waldron, the dinner was attended by ACICA Directors, Fellows and Corporate Members, leading corporate council and judges of the Federal Court of Australia and Supreme Court of NSW. ACICA was honoured to have the Chief Justice of the Supreme Court of NSW, the Honourable James Jacob Spigelman, as guest speaker. For 20 years ACICA has worked to increase in knowledge, understanding and interest in international arbitration in Australia and abroad. We look forward to proudly continuing this work and helping Australian and foreign businesses to resolve disputes in an efficient and effective manner and realise the benefits of arbitrating in Australia.
The Clayton Utz / Sydney University International Arbitration lecture was held on 26 October at the Supreme Court of New South Wales. The lecture was given by Arthur Marriott QC, a London-based partner of US law firm LeBoeuf Lamb and one of the first two solicitors to become Queen's Counsel. A long-standing advocate of the need for reforms to promote the settlement of disputes, Marriott drew on his own experiences as an international commercial arbitrator and barrister to address the topic ‘Breaking the Dispute Deadlock’. The lecture was a great success for which Clayton Utz and Sydney University are to be congratulated.
12.10.05: Denmark Implements New Arbitration Act
On 1 July 2005 the new Danish Arbitration Act entered into force. This Act is based on the UNCITRAL Model Law and is applicable to all proceedings commenced after 1 July 2005 even if the arbitration agreement was formed prior to that date. This Act brings Danish arbitration law in line with international standards.
12.10.05: Pakistan Ratifies the New York Convention
With Pakistan's ratification of the New York Convention, which took place on 14 July 2005, there are now 136 parties to the New York Convention.
On Friday 21 October the Australasian Forum for International Arbitration (AFIA) is holding a symposium for young practitioners. The symposium is free of charge and is intended to offer exposure to the field of international arbitration. It is held in an informal atmosphere and involves discussion in a round table format based on questions provided by participants prior to the event. Anyone interested in international arbitration is encouraged to attend. Further information can be found here.
On 7 November 2005 the Centre for Effective Dispute Resolution is holding its second European Mediation Congress: "Mediation - The Next Leap Forward". The CEDR is an independent non-profit organisation supported by multi-national business and leading professional bodies and public sector organisation. It was launched in 1990 with the support of the Federation of British Industry. Further details about the event can be found here.
The Australian Dispute Resolution Association (ADRA) is holding a seminar on negotiating the Kyoto protocol. The guest speaker will be Jennifer Scott, who is a former advisor to Senator Robert Hill, Minister for the Environment. It will held on Thursday, 13 October 2005 at the Law Society of New South Wales. For further details contact 02 9231 5822.
This year's Clayton Utz / Sydney University International Arbitration lecture will be held on 26 October. Arthur L Marriott QC has confirmed that he will provide this year's lecture. For more information please email lecture@claytonutz.com.
ACICA's President, Professor Michael Pryles, is currently giving a series of seminars on the ACICA Arbitration Rules. Any firms, companies or other organisations interested in learning more about international arbitration and the ACICA Rules are welcome to contact ACICA with a view to organising such an in-house seminar. Please call 9286 6736.
The Chartered Institute of Arbitrators (C.I.Arb.) arbitrator training courses are well known and highly regarded. They provide a thorough understanding of the practice and procedure of international commercial arbitration. C.I.Arb. has advised that there are places still available in the classes being held in Melbourne, Keble (Oxford) and Hong Kong later this year. Further information can be found here.
ACICA is pleased to advise that director Alex Baykitch will join the Australian delegation to the October sessions of the UNCITRAL Working Group. Mr Baykitch is an expert on international arbitration and other forms of dispute resolution.
From 12-15 September the Cairo Regional Centre for International Commercial Arbitration, together with UNCITRAL, is holding a conference to celebrate 20 years of the Model Law on International Commercial Arbitration and 25 years of the Convention on the International Sale of Goods. Details of the event can be found here.
16.08.05: Launch of the new ACICA Arbitration Rules
The ACICA Arbitration Rules are now in force. They were officially launched at a function in Sydney on 12 July by Sir Lawrence Street, Chairman of the Commonwealth International Legal Services Advisory Council. Other guests included the Commonwealth Attorney General, Phillip Ruddock, and judges of the Federal Court and New South Wales Court of Appeal.
The new ACICA Arbitration Rules provide an advanced, efficient and flexible framework for the conduct of international arbitrations. They are based on the UNCITRAL Arbitration Rules but have been updated and refined and heavily influenced by the new Swiss rules. They can be viewed here.
From left: Philip Ruddock MP, Sir Laurence
Street K.C.M.G., A.C. and Michael Pryles AM.
16.08.05: PWC Joins ACICA
ACICA is delighted to welcome PriceWaterhouseCoopers ("PWC") as a corporate member of ACICA. PWC is the worlds largest professional services organisation and a has a strong interest and experience in international arbitration. It has particular expertise in providing financial and related analysis as well as expert witness services. PWC is a valuable addition to ACICA and adds significant depth to the experience and expertise of its membership.
Tony Samuel, a partner in PWC's Dispute Analysis and Investigations group will join the ACICA Board of Directors.
03.06.05: ACICA Office Opening
The ACICA office opening will now take place on 1 September at the Law Institute of Victoria (LIV Building) at 470 Bourke Street, Melbourne. ACICA is pleased to announce that the guest speakers will be Stephen Creese, Vice President and General Counsel of Rio Tinto, Michael Pryles, President of ACICA and John Cain, CEO of the LIV. All lawyers involved in dispute resolution or contact drafting are invited to attend and should feel free to contact ACICA's Deputy Secretary General on 9286 6384 or at abarraclough@acica.org.au
06.05.05: ACICA's 20th Anniversary
In 2005 ACICA celebrates its 20th year. ACICA was established as a non-profit public company in 1985 and since then has worked to promote and develop international arbitration in Australia. In recent years it has undergone significant changes and undertaken a host of exciting new projects. These have included hosting the Asian Arbitration Conference in November 2004, taking the initiative in forming the Asia Pacific Regional Arbitration Group and drafting a new set of arbitral procedural rules.
On 17 November a dinner to celebrate this milestone will be held at the offices of Blake Dawson Waldron in Sydney.
06.05.05: International Arbitration in South America
Marcos Van Rafelghem, an Argentinean lawyer currently undertaking postgraduate study at Monash University, has written a brief report giving an overview of international arbitration regimes in South America. The report, which he has kindly provided to ACICA, can be downloaded here.
18.04.05: Asia Pacific Regional Arbitration Group (APRAG)
Membership of the Asia Pacific Regional Arbitration Group (APRAG) continues to grow rapidly. APRAG has recently accepted applications to join from ICC Asia, the Beijing Arbitration Commission, the Chartered Institute of Arbitrators (East Asia) and the Institute of Arbitrators and Mediators Australia. There are now 23 APRAG members. ACICA is delighted with the success of APRAG, in particular the exciting initiative to form an APRAG Panel of Senior Arbitrators. ACICA, along with other APRAG members, are currently nominating its most senior arbitrators for inclusion on the Panel. The nominees that are accepted by the APRAG Executive will be eligible for appointment to arbitrations conducted by any of the APRAG member organisations.
The Victorian Division of the Australia China Business Council is hosting a briefing by a panel of top Chinese and Australian experts on China's legal and arbitration systems on Tuesday, 26 April from 12-2pm at the Victorian Investment Centre.
The occasion will provide a valuable opportunity to compare the different approaches to resolving business disputes in China. It will also assist local industry to address significant matters of commercial risk in China.
Senior representatives from CCPIT's Legal Affairs Department and the China International Economic and Trade Arbitration Commission (CIETAC) will join a leading practitioner of Chinese commercial law, Mr Robin Chambers, plus Professor Michael Pryles to discuss dispute resolution issues and the merits and disadvantages of the Chinese legal and arbitration systems.
For more information please see the attached registration form.
ACICA warmly congratulates the Australasian Forum for International Arbitration on its extremely successful fourth symposium which was held in Melbourne on Friday 15 April at the offices of Allens Arthur Robinson. The symposium was an excellent occasion for young practitioners to share their experiences and learn more about international arbitration.
04.04.05: Asian International Arbitration Journal released
In July the inaugural edition of The Asian International Arbitration Journal will be released. The aim of the journal is to deal with international arbitration from an Asian perspective or focus. It is the only international arbitration journal to do so. ACICA looks forward to the debate and awareness of regional international arbitration issues that it will stimulate. Inquiries about the journal should be sent to Ms Sabiha Shiraz at sabihashiraz@siac.org.sg
On 17 January ACICA was very pleased to welcome a delegation from the Xiamen Arbitration Commission. The delegation visited ACICA in Sydney as part of a tour of Australia and New Zealand. There were 8 delegates who spent a morning with representatives of ACICA at the offices of Clayton Utz. The meeting produced an interesting and stimulating exchange of views. It allowed each organisation to better understand the other and to discuss projects on which they might collaborate in the future.
The Japan Commercial Arbitration Association and the Indian Council of Arbitration have recently joined the Asia Pacific Regional Arbitration Group (APRAG). These important organisations bring significant depth and diversity of experience to the group. APRAG now has 19 members which include virtually all of the major arbitration organisations and associations in the Asia-Pacific region.
ACICA is pleased to advise that its Senior Vice-President, Professor Doug Jones, was recently elected to the Board of Trustees of Australasian Branch of the Chartered Institute of Arbitrators.
Mr Nathan Moshinsky QC has resigned from ACICA's board. ACICA wishes to thank him for his time and dedication to ACICA over the years of his directorship
Simon Greenberg was Deputy Secretary General of ACICA from January 2003 to November 2004. He was also a member of the Clayton Utz International Arbitration Group. Simon will join Coudert Frères (or Coudert Brothers), Paris, from 6 December 2004 as an Associate in the international arbitration department. Dr Eduardo Silva Romero, currently Deputy Secretary General of the International Court of Arbitration of the International Chamber of Commerce, will become a partner at Coudert Frères beginning January 2005. Eduardo is a highly accomplished individual with expertise in private international law and arbitration. He will develop the firm's Latin American practice. Coudert Paris already employs a number of international arbitration specialists and has an established reputation for international arbitration in Paris and internationally.
The ACICA Asian Arbitration Conference on 3 November 2004 as well as the inaugural activities of the Asia Pacific Regional Arbitration Group (APRAG) on 2 November 2004 were an enormous success. ACICA secured an outstanding line up of speakers and some 215 international guests attended the conference.
The APRAG foundation meeting resulted in the adoption of a constitution, the appointment of a president and 5 vice-presidents comprising the committee and the first steps towards the group's activities. The following link (International Arbitration Events Come to Sydney) is to an article providing more details about these events, a previous version of which was published by Doug Jones and Simon Greenberg in the newsletter of the London Court on International Arbitration. Another version will be published in the November newsletter of the Institute of Arbitrators and Mediators Australia (see www.iama.org.au).
An extract from ACICA President Michael Pryles' paper from the ICCA Conference held in Beijing earlier this year appeared in the latest edition of the Institute of Arbitrators and Mediators (IAMA) News Letter as part of a report on international arbitration called " International Commercial Arbitration and Beyond". The News Letter is available on IAMA's website; the direct link is http://www.iama.org.au/docs/nlau0407.pdf.
ACICA's Asian Arbitration Conference will take place in Sydney on 3 November 2004. Already more than 125 people are registered to attend. They come from at least 14 different countries. ACICA has brought together an outstanding group of experts from the Asia Pacific region to participate as speakers. They comprise representatives of the major regional arbitration centres and experienced practitioners from Australia, Asia and elsewhere. The conference follows the inaugural meeting of the Asia Pacific Regional Arbitration Group (APRAG) which will be held on 2 November 2004. The conference will also accommodate guests visiting the Asia Pacific region for the International Bar Association Conference in Auckland from 24 to 29 October 2004.
Due to popular demand, the final date for registrations has been extended until 4 October 2004. However places are limited. For further information please contact the event organiser, Mary Mamootil by email at mm@mandevents.com or phone +61 2 9024 5273.
ACICA is pleased to announce the appointment of a new Secretary General, Mr Peter Robinson. Peter took over from Bernhard Ripperger at the beginning of August 2004. Peter is a solicitor with the New South Wales Crown Solicitors Office. The Board of ACICA wishes to thank Mr Bernhard Ripperger for his dedication to ACICA as Secretary-General for the last 18 months.
Mr Christopher Legoe and Mr John Muirhead have resigned from ACICA's board. ACICA wishes to thank them for their time and dedication to ACICA over the years of their directorship.
APRAG will hold its inaugural meeting on 2 November 2004. Most APRAG members have confirmed that they will attend in Sydney. Draft constitutions for APRAG have already been circulated and discussed by the members. The constitution will be settled and signed at the inaugural meeting. The inaugural meeting will be followed by a foundation dinner on the same day.
Professor Michael Pryles and Dr Clyde Croft attended these events on behalf of ACICA. Professor Pryles delivered a paper to the ICCA Conference on the subject of Confidentiality in Mediation. It is attached here for those interested in reading it.
Please see the flyer for the 3 November 2004 Asian Arbitration Conference.
An international forum on dispute resolution is coming to Australia. On 5-6 July 2004, the University of Melbourne will be hosting the Third Annual Forum on Online Dispute Resolution, in collaboration with the United Nations Economic and Social Commission for Asia and the Pacific. The Forum will report on online dispute resolution activities at the regional and global level. ADR practitioners, lawyers, academics, government, IT, industry and e-commerce are all encouraged to attend. As a United Nations event, participation is free - however the number of participants from Australia will be limited to 50. To ensure you don't miss out, visit http://www.psych.unimelb.edu.au/icrc to find out more information and complete an expression of interest form .
Following the entering into and Memorandum of Understanding with the Law Institute of Victoria (LIV), ACICA's Melbourne Office will now be based at the LIV's offices at 470 Bourke Street, Melbourne. The new relationship with LIV will mean the two organisations can work together in promoting their respective aims. The LIV will provide ACICA with basic administrative services from its offices.
20.01.04: Asia Pacific focussed International Arbitration Conference
Developments are well underway concerning the conference to be held on 3 November 2004 in Sydney. The Conference is the week after the International Bar Association's Conference in Auckland, New Zealand, and is also the day after the inaugural meeting of the Asia Pacific Regional Arbitration Group, which will be held in Sydney. ACICA already has confirmations from most of the speakers that they will be attending. The draft program of the conference will be released on this website soon.
ACICA's President, Michael Pryles, and Vice President, Doug Jones, will attend the 17th Biennial ICCA Conference to be held in Beijing, China, from 16-18 May 2004, hosted by the International Economic and Trade Arbitration Commission (CIETAC). More information on the ICCA Conference is available from their website at www.arbitration-icca.org.
ACICA Board members are greatly saddened by the death of Professor Philip Fouchard as well as several of his family members in the Red Sea jet crash late last year. Profession Fouchard was a very important figure in international arbitration, particularly in France. He made a substantial contribution to the teaching of international arbitration by writing articles, teaching at the University of Paris II and by writing his treaty on arbitration with Professors Gaillard and Goldman, entitled "International Commercial Arbitration". The ACICA Board of course passes on its sincere condolences to surviving Fouchard family members for whom this must be a very difficult time.
ACICA will step up the level of institutional support it offers to arbitration proceedings once the new rules are finalised. A committee of expert arbitration practitioners including academics, barristers and lawyers is currently drafting the new rules. The Committee's thorough examination of leading arbitral institutional rules worldwide, together with their detailed analysis of such rules will ensure that the new ACICA rules are not only comparable with the best institutional rules in the world, but are also innovative in several ways. The Rules Committee will put to the ACICA Board the proposed new rules sometime during 2004, with the hope that they will be finalised and available for use by parties by the end of 2004. ACICA is grateful for the assistance of the Committee Members who are: Clyde Croft SC, Richard Garnett, Simon Greenberg, Bjorn Gehle, Luke Nottage, Romesh Weeramantry, Stephen Burke and Christopker Kee.
ACICA Corporate Member Blake Dawson Waldron has replaced its delegate to the Board (formerly Amanda Davidson) with a new person, Alex Baykitch. Mr Baykitch's appointment to the Board will be confirmed at the next Board meeting.
Earlier this year ACICA renewed its membership to the International Federation of Commercial Arbitration Institutions ('IFCAI'). The June 2003 edition of IFCAI's Newsletter contains a half-page article on ACICA's new developments.
ACICA is pleased to welcome as corporate members the following law firms: Clayton Utz, Freehills, Allens Arthur Robinson, Minter Ellison and Mallesons Stephen Jaques. More information on the corporate members can be found on the Corporate Member section of the website.
09.07.03: Appointment of Laurie Glanfield as a Director
ACICA welcomes the latest addition to its Board. Laurie Glanfield, a distinguished lawyer and outstanding administrator, is Director General of the NSW Attorney General's Department and Deputy Chairman of the Australian Commercial Disputes Centre.
Mr Glanfield replaces Gerold Hermann, who several months ago decided to resign his directorship for health reasons.
09.07.03: Funding from the Commonwealth Attorney General's Department
The Commonwealth Attorney General's Department has decided to support ACICA financially with a one-off grant.
09.07.03: Developments for the Asia-Pacific Regional Conference on Arbitration
ACICA's plans for the Asia-Pacific Regional Conference on Arbitration are well under way. The central aim of the Conference is to increase cooperation between regional arbitration institutions with a view to furthering the common goal of promoting the use of arbitration and the quality of practitioners in the Asia-Pacific region. This would involve coordinated promotion of dispute resolution services, practitioner training and accreditation courses or seminars, and student related activities such as an arbitration mooting competition.
In May 2003 ACICA wrote to 17 major arbitration institutions in the Asia Pacific to get their initial views and expressions of interest in relation to the Regional Conference. To date, nine positive responses have been received with no negative responses. The nine positive responses were form the Chartered Institute of Arbitrators (Australian Chapter); China International Economic and Trade Commission; Hong Kong International Arbitration Centre; Japan Commercial Arbitration Association; Arbitration Association of The Philippines; Singapore International Arbitration Centre; Korean Commercial Arbitration Board; Indonesian National Arbitration Board; and the Mongolian Chamber of Commerce & Industry.
ACICA has already sent a response to these organisations detailing (i) the proposed objects, (ii) the proposed functions and (iii) the proposed structure, organisation and constitution for the Asia-Pacific Regional Conference. These matters will be discussed and finalised at a first meeting of the Conference members to be held in Sydney in 2004.