Learning & events

Arbitration week | The 2020 Resolution Institute Rules and Innovation in Arbitration Practice and Procedure

with Russell Thirgood, Toby Shnookal and Robert Holt

Wednesday 20 November 2019 | Brisbane

From 1 January 2020 the new Resolution Institute Rules will take effect. While continuing to closely follow UNCITRAL, the new rules provide updated provisions that include when they operate, the commercial relationship with the arbitrator and how joinder of subsequent disputes between the same parties will be dealt with. They provide a sound base for the newer practices and procedures that are being adopted by arbitrators that will be discussed.

About the presenters

Russell Thirgood

Russell is a pre-eminent Australian arbitrator, experienced mediator and senior dispute resolution lawyer.

He is a practising and grade 1 arbitrator and sits on the panels of a number of international and domestic arbitral institutes. He has arbitrated disputes arising out of a range of industries including infrastructure, construction, mining, energy and property.

As a senior partner in a national law firm, Russell has over 20 years’ experience representing clients in major and complex dispute resolution, particularly construction and infrastructure disputes.

Russell has been a member of the Resolution Institute Board since 2015 (and before that a member of the IAMA National Council.) He has been the editor (since 2002) of the Resolution Institute’s journal The Arbitrator and Mediator.

Toby Shnookal

Toby is one of very few Senior Counsel in Australia with engineering qualification and experience. After switching to the law and joining the Victorian bar 30 years ago, he commenced practice as arbitrator, expert determiner and mediator twenty years ago. In addition to maintaining his private practice, in 1996 he was appointed to the Domestic Building Tribunal and in 1998 he was appointed to VCAT as a session member, a position he held for 10 years.

Since 2016 he has practised exclusively as a privately engaged Neutral - that is Arbitrator, Mediator, Expert Determiner, Facilitator, Adjudicator and Counsel Assisting.

Toby joined the Institute of Arbitrators Australia in 1989. He was the Chair of the Victorian Chapter of IAMA from 2012 and was and was an IAMA National Council Member from 2014 up to the integration of IAMA and LEADR. He was then co-chair of Resolution Institute Victoria until 2016.

Both as counsel and arbitrator Toby has had a long interest in the interplay of the terms of the arbitration agreement, institutional rules incorporated by reference, procedural directions and the arbitrator's powers under legislation and at common law. With Dr Richard Manly QC, he has co-ordinated the production of the RI 2020 Rules.

Robert (Bob) Holt QC

Bob is a barrister at Queensland Bar specialising in construction law.

He has acted in court proceedings and arbitrations locally and internationally in respect of complex litigation and arbitration including in disputes relating to buildings, mining infrastructure contracts and civil, electrical and hydraulic engineering disputes.

Bob acts as an arbitrator, mediator and expert. He has acted as arbitrator in numerous matters and has prepared many expert determinations in complex building and engineering disputes. He is a Grade 1 Arbitrator with the Resolution Institute, a Chartered Arbitrator with the Chartered Institute of Arbitrators, and a Fellow of the Australian Centre for International Commercial Arbitration.

Thanks to McCullough Robertson lawyers for generously supporting this event.