ACICA
Australian Centre for International Commercial Arbitration
Recent News
16.02.10: ACICA Symposium: 17th Annual Willem C ViS International Commercial Arbitration Moot 2010, Vienna, Austria
Program and registration available here
back to top11.02.10: ACICA is pleased to be a supporter of the conference on “International Investment Treaty Law and Arbitration: Evolution and Revolution in Substance and Procedure”, which is being held at Sydney Law School on 19-20 February 2010.
This major international conference explores some of the more controversial issues in contemporary investment treaty law and practice, including emerging issues in the nature of investment treaties, evolving jurisprudential trends, and potential changes in direction for investment law and arbitration.
The program includes four plenary sessions and 14 concurrent panels with over 60 presentations from an exciting mix of senior and up-and-coming experts drawn from universities, government and private practice. A keynote address will be delivered by Professor Philippe Sands QC (University College London and Matrix Chambers), and the conference also features addresses by two Distinguished Speakers, Sir Franklin Berman QC (Essex Court Chambers) and Professor M Sornarajah (National University of Singapore).
The full conference programme, along with details on how to register for the conference, are available at www.sydney.edu.au/news/law
05.02.10: 5th Annual International Maritime Law Conference
ACICA is pleased to support the 5th Annual International Maritime Law Conference. ACICA’s Vice-President, Mr Alex Baykitch, is speaking at the conference. There are early bird and group discounts available. Please click HERE for further details.
28.01.10: Annual MAA Peter Schlechtriem Contracts for the International Sale of Goods (CISG) Conference
Following the success of last year's event, the Moot Alumni Association (MAA) is pleased to present the Annual MAA Peter Schlechtriem Contracts for the International Sale of Goods (CISG) Conference which will take place just before the Vis (East) Moot in Hong Kong on 13 March 2010.
Speakers include Ingeborg Schwenzer, Hiroo Sono, John Gotanda, Sieg Eiselen, Fan Yang, Bruno Zeller, Lisa Spagnolo and many more. This year's conference will examine regional issues relating to international sales, particularly in relation to China, Japan, Korea and within ASEAN, and is supported by UNCITRAL, sponsored by City University Hong Kong and Mannheimer Swartling.
For more details, see the program here. Or, the program and speakers here. To register visit www.maa.net. Inquiries can be directed to Rebecca Lanctot, cisg.conference@maa.net.
04.12.09: ACICA Conference December 2009
'International Commerical Arbitration: 'Efficient, Effective, Economical?'
'Opening Address - International Commercial Arbitration in Australia: More Effective and Certain'
Presented by:
Australian Attorney-General, The Hon Robert McClelland MP
'The New Framework for Intenational Commercial Arbitration in Australia'
Presented by:
The Hon Justice Clyde Croft, Supreme Court of Victoria
David Fairlie, Director of Arbitration, ACICA;
General Counsel, Competitive Foods Australia
Ian Govey, Deputy Secretary, Civil Justice and Legal Services, Attorney- General’s Department
'Adopting the UNCITRAL Model for Domestic Arbitration in Australia'
Presented by:
Professor Doug Jones AM, President, ACICA; Partner, Clayton Utz
'The Victorian Supreme Court’s Perspective on Arbitration'
Presented by:
The Hon Marilyn Warren AC, Chief Justice, Supreme Court of Victoria
Introduced by:
Michael Brett Young, CEO, Law Institute of Victoria
'Resolving Disputes through Arbitration'
Presented by:
Professor Peter Megens, Partner Mallesons Stephen Jaques
Robert Kus, Director, LECG Forensic Services
'Effective Advocacy - Hypothetical'
Presented by:
Michael Shand QC, Victorian Bar
Rashda Rana, General Counsel, Bovis Lending Lease
Damian Sturzaker, Partner, MARQUE Lawyers
Commentary by:
The Hon Justice John Middleton, Judge, Federal Court of Australia
'Structuring Your Transactions to Take Advantage of Bilateral Investment Treaties'
Presented by:
Alexander Baykitch, Partner, Holman Fenwick Willan LLP
Signing Ceremony for the Memorandum of Co-Operation Between ACICA, IAMA & CIArb
Presented by:
Professor Doug Jones AM, President, ACICA; Partner, Clayton Utz
The Hon Michael Kirby AC CMG,
President, The Institute of Arbitrators and Mediator Australia; Former Judge, High Court of Australia
Derek Minus, President, The Chartered Institute of Arbitrators in Australia
Controlling the Arbitration: Effectiveness and Efficiency
Presented by:
Bronwyn Lincoln, Partner, Freehills
Elisabeth Opie, Corporate Secretary, CSIRO
Andrea Ingram, Investigations Officer, Telecommunications Industry Ombudsman
'Closing Address - Cultural Impediments to Resolving International Conflict'
Presented by:
The Hon Michael Kirby AC CMG, President, The Institute of Arbitrators and Mediators Australia;
Fromer Judge, High court of Australia
28.11.09: Leading Australian arbitration body welcomes government reform
The President of the Australian Centre for Commercial International Arbitration (ACICA), Douglas Jones AM, today welcomed amendments to the International Arbitration Act 1974 (Cth) introduced into Parliament by the Australian Attorney General, the Hon Robert McClelland.
Professor Jones said these changes will position Australia as a key player in international commercial arbitration.
Read more here.
20.11.09: International Commercial Arbitration: Efficient, Effective, Economical?
Friday 4 December 2009
RACV City Club
501 Bourke Street
Melbourne
For one day only this conference will bring together a group of eminent and influential members of the legal profession who will examine the current issues and challenges of international and domestic commercial arbitration. They will draw upon their wealth of knowledge and experience to discuss how arbitration can be efficient, effective and economical.
Topics and speakers include:
- Opening Keynote Address: The Australian Government Initiative - The Hon Robert McClelland MP, Attorney General of Australia
- Adopting the UNCITRAL Model for Domestic Arbitration in Australia - Professor Doug Jones AM
- The New Framework for International Arbitration in Australia - The Hon Justice Clyde Croft, David Fairlie and Ian Govey
- The Supreme Court’s Perspective on Arbitration - The Hon Marilyn Warren AC, Chief Justice of Victoria
- Closing Address: Cultural Impediments to Resolving International Conflict - The Hon Michael Kirby AC CMG
- Signing Ceremony for Memorandum of Co-operation between the Australian Centre of International Commercial Arbitration, the Institute of Arbitrators & Mediators Australia and the Chartered Institute of Arbitrators (Aust)
'Australia could become a world leader in dispute resolution, according to a top arbitration lawyer. Toby Landau QC, one of the world’s leading arbitration lawyers says Australia has a unique opportunity to win a large slice of lucrative international arbitration work, but only if mooted reforms attack the problems plaguing other centres and deliver companies a system that provides a genuine alternative to litigation ... The federal government is seeking to reform the International Arbitration Act to bolster its attempts to develop Australia as a regional hub for dispute resolution. The drafting of the legislation is at an advanced stage and Attorney General Robert McClelland expects to introduce it before the end of the year ... Doug Jones, president of the Australian Centre for International Commercial Arbitration and partner at Clayton Utz, said Australian lawyers had demonstrated a capacity to lead the world in the reform of commercial, common law court processes. “So why are not Australian lawyers capable of leadership in terms of commercial arbitration?”'
– World-beating arbitration hub envisaged, James Eyers, Legal Affairs Editor, The Australian Financial Review, 23 October 2009 www.afr.com
View the full program (PDF) and register now for Early Bird rate until 27 November
26.09.09: The 2005 Rules of the Australian Centre for International Commercial Arbitration - Revisited
The 2005 Rules of the Australian Centre for International Commercial Arbitration – Revisited” by Simon Greenberg, Luke Nottage & Romesh Weeramantry.
This paper updates and expands Simon Greenberg’s ACICA’s New International Arbitration Rules, 23(2) Journal of International Arbitration 189 (2006). Simon Greenberg is the ICC Court Deputy Secretary General and former ACICA Deputy Secretary General; Luke Nottage is an Associate Professor at Sydney Law School and Romesh Weeramanty is an Associate Professor, City University of Hong Kong.
To read the paper, please click here.
20.09.09: International Arbitration Lecture 2009
The annual Clayton Utz and University of Sydney International Arbitration Lecture is designed to promote and support the development and study of international arbitration and international dispute resolution in Australia and the Asia-Pacific region. This event is now in its eighth year and has become an important part of the promotion of Sydney and Australia as an international arbitration centre.
As in previous years, the 2009 Lecture will be attended by a wide cross-section of guests, including members of the judiciary, legal practitioners, academics, business people/clients and law students. This calibre of speakers allows for signification contributions to the literature and commentary in the area, and at the same time, makes the lecture of interest to the wider community, in particular the business community. Toby Landau QC is a leading barrister and arbitrator specialising in international commercial arbitration and investment treaty arbitration law and is recognised as one of the rising stars of arbitration.
For the eighth annual International Arbitration lecture, Toby will observe the natural life of international arbitration and explain the forces working to shape its future.
Toby will explore emerging trends and developments in international commercial and treaty arbitration and will consider:
- where arbitration may be in years to come;
- what steps may now be needed to safeguard its future;
- and whether “today is the day to which someone in the future is longing to return”.
The lecture will present a candid analysis of current – and often unspoken – doctrinal and practical stresses in the arbitral process.
For further information, please click here.
07.08.09: Criteria for Admission to ACICA Panel of Mediators
ACICA has promulgated its criteria for admission to the ACICA Panel of Mediators. The criteria can be found here.
If you are interested in applying to join the Panel of Mediators, please contact the Secretary General.
03.08.09: Commentary on the ACICA Arbitration Rules
Professor Gabriël Moens and Dr Sam Luttrell have written an in depth commentary on the ACICA Arbitration Rules entitled: “Commentary on the Arbitration Rules of the Australian Centre for International Commercial Arbitration” .
To read this commentary please click here.
23.07.09: APRAG Conference Seoul 2009
The ACICA President, Professor Doug Jones AM, and Treasurer, Dr Clyde Croft SC, were both invited to deliver papers at the recent APRAG Conference in Seoul. Please find a link to the paper prepared by Dr Croft SC on Defining “Best Practices of International Arbitration for Asia” III: Perspectives of Transnational Institutions here.
10.07.09: Diploma in International Commercial Arbitration
The University of New South Wales and The Chartered Institute of Arbitrators present the Diploma in International Commercial Arbitration. This course will be run from Saturday 8 August through to Sunday 16 August inclusive in Sydney.
For more information please click here.
This course is proudly sponsored by ACICA.
17.06.09: AMTAC Annual Address
AMTAC is holding its Annual Address on Thursday 2 July 2009 at 1pm AEST.
The speaker for the Annual Address will be Professor Martin Davies, Admiralty Law Institute Professor of Maritime Law, Tulane University; Director, Tulane Maritime Law Centre and Professorial Fellow of The University of Melbourne.
Professor Davies will speak on the topic of “More Lawyers but Less Law: Maritime Arbitration in the Early 21st Century”.
The Address will be delivered in Brisbane, and will be videocast to Melbourne, Sydney and Perth. Please click here for more information.
16.04.09: Commercial ADR & Litigation Avoidance Conference
Commercial ADR & Litigation Avoidance conference to be held on 15th – 17th June 2009 at The Grace Hotel, Sydney: featuring ACICA President Doug Jones AM, Vice President Alex Baykitch and Director of Arbitration David Fairlie.
Special Offer for Australian Centre for International Commercial Arbitration - Expiring 24th April 2009
Tonkin Corporation has extended the early bird pricing for delegates to attend the Commercial ADR & Litigation Avoidance conference to be held on 15th – 17th June 2009 at The Grace Hotel, Sydney.
All Australian Centre for International Commercial Arbitration members who register and pay before the 24th April 2009 can attend the conference for only $1880.00 (inc gst). That’s a saving total saving of over $750. This includes a Australian Centre for International Commercial Arbitration member discount of 10% off the current early bird rate of $2088.90 (inc gst). Please quote VIP Code “W B 1” when registering.
The full agenda of the Commercial ADR & Litigation Avoidance conference can be found here.
7.04.09: Current Practices and Discourse in International Commercial Arbitration
Professor Candlin of Macquarie University is coordinating a cross-national empirical study about current practices and discourse in international commercial arbitration.
Please visit this link to contact Professor Candlin if you are interested in participating in this study.
16.03.09: Report from UNCITRAL Working Group II
Please find the following link to a report on the fiftieth session of the UNCITRAL Arbitration Working Group (New York, February 2009).
20.02.09: APRAG Conference
ACICA is a founding member of the Asia Pacific Regional Arbitration Group and is pleased to support APRAG’s upcoming conference: Best Practices of International Arbitration for Asia 21-23 June 2009, Grand InterContinental Seoul, Korea. For more information, please visit the Conference’s website: www.aprag2009seoul.com.
To download the conference brochure, please click here
23.01.09:ACICA Conference Papers to Download
The ACICA Conference was held on 18 November 2008 at the InterContinental Hotel, Sydney. We have extracted three of the papers from the conference for your reference.
- The first was presented by Jonathan Kay Hoyle: International Investment law in Australia: Terra incognita? » View the paper
- The second was presented by Professor Doug Jones AM: Alternatives to Arbitration in Investor-State Disputes. » View the paper
- The third was presented by Alex Baykitch: Who is Entitled to Rely Upon a Bilateral Investment Treaty? » View the paper
12.12.08:Mauritius Implements New International Arbitration Act
On 1 January 2009 the new Mauritian International Arbitration Act will come into force. This Act is based on the UNCITRAL Model Law, as amended by UNCITRAL in 2006, and will apply to all arbitrations commenced after 1 January 2009 (irrespective of the date when the relevant arbitration agreement was concluded). The Act has a specific focus on investment arbitration and is part of an effort by Mauritius to become an attractive jurisdiction for international arbitration of disputes involving Africa, South East Asia, India, China and Europe.
01.12.08: Latest Developments and Critical Updates in Maritime Law and Arbitration 2009
For further information on the ‘Latest Developments and Critical Updates in Maritime Law and Arbitration 2009’, to be held in Singapore on 25-26 February 2009, please click here.
13.11.08: AMTAC's Annual Address
Everyone is invited to attend AMTAC's Annual Address. The speaker for the Annual Address is Professor Doug Jones AM, President of ACICA. Professor Jones will speak on the topic “The Challenges for International Arbitration in Australia”.
Date:
Thursday 27 November 2008
Time:
5.30pm – 7pm, Address at 6pm
Venue:
Austrade, Level 23, AON Tower, 201 Kent Street, Sydney. Austrade has generously agreed to videocast this Address to Brisbane, Melbourne, Perth, Singapore, Shanghai and Hong Kong.
For more information see the flyer.
21.10.08: Upcomming Conference: Best Practices of International Arbitration for Asia
There is an upcoming Asia Pacific Regional Arbitration Group (APRAG) Conference entitled “Best Practices of International Arbitration for Asia”. This conference will be held on 21-23 June 2009 at the Grand Intercontinental Hotel, Seoul Korea. For more information please see the flyer.
15.10.08: Report from Forty-ninth Session of the UNCITRAL Working Group II
Two members of the ACICA Board attended the recent Forty-ninth Session of the UNCITRAL Working Group II (Arbitration) in Vienna on 15-19 September 2008. Please find the attached report from Dr Clyde Croft SC.
15.10.08:International Dispute Resolution Conference, India
It’s being billed as India’s Most Important International Dispute Resolution Event – a conference in Mumbai from 9-11 December 2008. For further information please click here.
03.10.08:Upcoming ACICA Conference
Friday 21 November 2008
Intercontinental Hotel Sydney
For more information about the upcoming ACICA Conference please see the ACICA brochure.
03.10.08:ACICA launches Expedited Arbitration Rules
ACICA has launched its Expedited Arbitration Rules. Please click here to view the ACICA Expedited Arbitration Rules.
18.09.08: International Arbitration Lecture 2008
INSIDE OUT - A User's View of International Arbitration with Jean-Claude Najar
In-house counsel play a crucial role in international arbitration. The time and cost spent in arbitration proceedings have become an increasing concern for in-house counsel - but what can they do about it?
In the 2008 International Arbitration Lecture, Jean-Claude Najar, senior counsel and chief compliance officer Europe, Middle East and Africa for General Electric, will not only answer that question, but will also illustrate how the true users of arbitration have been given a voice to assist in improving the arbitral process and facilitate change.
Lecture Details
Date: Wednesday, 5 November 2008
Time: 5:00pm for lecture, followed by drinks reception
Venue:
Supreme Court of NSW, Banco Court
Level 13, Law Courts Building, Queen's Square
184 Phillip Street, Sydney
For more information and to register for this event please click here.
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.
19.07.08: 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.