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The Great Debate: Arbitration has a great deal to learn from the statutory Adjudication process

20 November 2017

Time: 12:30 PM -2:00 PM
Venue: Jackson McDonald
Level 17
225 St Georges Terrace
Perth WA 6000

This event is complimentary for members and guests

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Monday 20 November

The Great Debate: Arbitration has a great deal to learn from the statutory Adjudication process

Resolution Institute is pleased to be holding the event that launches Australian Arbitration Week 2017 being held for the first time in Perth.

Join us for our Great Debate. We have assembled two teams each with two speakers, with experience on both sides of the adjudication-arbitration divide to wrestle with the contention That arbitration has a great deal to learn from the statutory adjudication process.

Statutory adjudication has become the first port of call in construction claims. With strict time limits and constraints on the materials that can be considered, outcomes are delivered fast.

Arbitration on the other hand, has longevity as a dispute resolution process. As the mainstay for international cross-border disputes it is often favoured where there is complexity and where the parties want some choice in how the process will be conducted.

So are there any lessons that arbitration can learn from statutory adjudication? Or is arbitration distinguished by its own strengths?

Join us for a lively debate to hear our great panel of speakers hammer out this very question in the cauldron of Resolution Institute’s Great Debate.

Affirmative team - arguing in favour

Dan Dragovic

Dan is a senior construction disputes partner in the Disputes practice of Herbert Smith Freehills. Dan has extensive experience in construction, infrastructure, mining and energy sectors and related experience in land access (native title and environment) disputes. Dan has practised commercial litigation for over 20 years, successfully representing clients in numerous complex commercial and, particularly, construction disputes including adjudications under the Construction Contracts Act 2004 (WA). He has extensive experience with arbitration (international and domestic), litigation and alternative dispute resolution processes. His recent experience includes advising and representing Samsung C&T Corporation on significant downstream disputes on the $10 billion Roy Hill Iron Ore Project.

Dan is recognised in the 2017 Doyles Guide as 1 of 5 Preeminent Construction Lawyers in Perth.

Russell Thirgood

Russell Thirgood is Head of Arbitration at the Australian law firm McCullough Robertson. Since 1998, Russell has represented clients in major and complex dispute resolution, particularly as counsel for clients in the arbitration of construction and infrastructure disputes. He has acted for some of the world’s largest mining and construction companies, together with ASX listed companies and Australian government entities. He is on the panel of arbitrators for both international and domestic arbitral institutes and has chaired the Regional Arbitral Institute Forum (RAIF).Russell was personally awarded Lawyer Monthly’s 2016 Australian Alternative Dispute Resolution Lawyer of the Year award.

Russell is a Director of the Australian Centre for International Commercial Arbitration. Russell is a fellow of the Chartered Institute of Arbitrators (London), the Australian Centre for International Commercial Arbitration and the Resolution Institute. He authored (and updates) the Arbitration Rules of the Resolution Institute. These rules are the most regularly used rules for arbitrations in Australia.

Negative team - arguing against

Gordon Smith

Gordon Smith is an independent barrister and solicitor, and an experienced arbitration practitioner and arbitrator.

He has substantial experience as solicitor and counsel in complex international arbitrations, having conducted over 50 international arbitrations of up to $US2.2b in value seated in London, Hong Kong, Singapore, Tokyo, Kuala Lumpur, Bangkok, and Jakarta. He has also conducted a major, US$200m, investor-state dispute on behalf of an investor against an Asian state under the auspices of ICSID. He is a listed arbitrator on the SIAC, LCIA, KLRCA panels, the Chartered Institute of Arbitrators Presidential Panel of Arbitrators, and is an IAMA Grade 1 arbitrator. Gordon is also a registered and has been appointed as adjudicator in oil and gas, mining, and commercial construction disputes of up to $85m in value.

Prior to becoming a lawyer, Gordon practised for 12 years as a consultant civil/structural engineer and project manager in Australia and New Zealand.

Steve McComish

Stephen McComish's is a partner at Jones Day.

His practice is focused on construction and engineering law, major projects, resources, and commercial dispute resolution in Western Australia and Southeast Asia.

Stephen has more than 25 years experience acting for large mining, oil and gas, contracting, and engineering corporations as well as government agencies on a wide range of high-profile and complex construction or project-related disputes and negotiations for construction contracts. He has acted for clients in domestic and international arbitrations, expert determinations, litigation, mediations and adjudications.

Stephen was selected by his peers for inclusion in The Best Lawyers in Australia (2016) in the fields of construction and infrastructure.

Australia Arbitration Week 2017

Please find events calendar of the week >>