Resolution Institute lunchtime Great Debate - Sydney Arbitration Week
21 November 2016
The Great Debate
That retired judges make the best arbitrators
This topic sizzles because of competition to get arbitration work.
Join us to hear a panel of experienced arbitrators argue this hot topic. The debate will be:
- informative – canvasses what parties consider when choosing an arbitrator
- stimulating - prompts options for growing business: identifying a niche, leveraging networks, addressing party preferences innovatively …
- entertaining – there’s a twist: retired judges will argue that they don’t make the best arbitrators; non-judges will argue that they do.
Affirmative team - arguing in favour
Malcolm Holmes QC is a Chartered Arbitrator and senior counsel at Eleven Wentworth Chambers in Sydney and an arbitrator member of 20 Essex Street in London and Singapore. He is an experienced international arbitrator and is a member of a number of regional arbitration panels and of the Court of Arbitration for Sport (CAS). He is a Fellow of the Chartered Institute of Arbitrators, a Fellow and a director of the Australian Centre for International Arbitration and a Fellow of the Institute of Arbitrators and Mediators Australia (now Resolution Institute).
Janet Grey BArch MA M/AMA is an architect, registered with the NSW Architects Registration Board. She is also an arbitrator and mediator who specialises in dispute resolution in the construction industry and related professional matters. She also works as a referee under the Uniform Civil Procedural Rules where she hears disputes referred out by the Supreme and District Courts of NSW and has practiced in this area for more than 20 years. In addition, she acts as an expert determiner, mediator and conciliator and as an adjudicator under the Building and Construction Industry Security of Payment legislation.
Negative team - arguing against
The Honourable Roger Gyles AO QC - former Judge of the Federal Court of Australia has acted in many arbitrations as solicitor or counsel - predominantly in building or engineering matters, but including other commercial disputes. He conducted a number of Court of Arbitration for Sport arbitrations and conducted substantive matters as a Deputy President of the Australian Competition Tribunal. He is currently the Independent National Security Legislation Monitor, tasked to monitor and examine the Australian Government’s counter-terrorism legislation. He has previously been an Acting Judge of the Court of Appeal of the Supreme Court of New South Wales, a judge of the Federal Court of Australia and a Royal Commissioner.
The Honourable Murray Tobias AM,RFD, QC - former Judge of the NSW Court of Appeal practised across all jurisdictions including the Supreme Court, Federal Court, Court of Appeal, Land and Environment Court, and the High Court. He was appointed a Judge of the NSW Court of Appeal in 2003 until he reached the statutory retirement age for a permanent judge in 2011 after which he held a Commission as an Acting Judge of Appeal until March 2016. As an appellate judge he heard and determined appeals across the whole spectrum of State law. He served as President on the NSW Bar Council and as Senior Vice-President of the Australian Bar Association. Prior to 1993 he was the legal member of the Casino Control Authority. He was made a Member of the Order of Australia in 1996 for services to the legal profession and military law.