Learning & events

The Hague Convention: A game changer for resolving international disputes or just a complement to the New York Convention?

Date TBA | Herbert Smith Freehills, Melbourne

Wednesday 8 August, Melbourne

In light of the 2005 Hague Convention on Choice of Court Agreements and the recent progress on a new draft Hague Convention on the Recognition and Enforcement of Foreign Judgments, and a certain backlash against arbitration in some countries, this session will address the possible resurgence of international litigation and the potential impact on international commercial arbitration.

Professor Richard Garnett, who has participated in the Hague negotiations since 2004 as expert adviser to the Australian Government will speak to the benefits of the 2005 and draft Conventions. Chad Catterwell, an international arbitration practitioner in Australasia will present the virtues and success of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and international arbitration.

The question remains: will arbitration continue as the choice means of resolving disputes amongst international parties or will there be a renaissance of international litigation?

About the presenters

Richard Garnett is Professor of Private International Law at the University of Melbourne and regularly advises on cross-border litigation and arbitration matters and has appeared as advocate before a number of tribunals including the High Court of Australia. Professor Garnett has written extensively in the fields of private international law and arbitration, with his work cited by leading tribunals around the world, including the International Court of Justice, the European Court of Human Rights, the English Court of Appeal, United States federal district courts, the Singapore Court of Appeal and Australian superior courts. In 2012 Professor Garnett published the book Substance and Procedure in Private International Law in the prestigious Oxford Private International Law Series, which is the first major work on the subject in English. Since 2004, Professor Garnett has served as expert member of the Australian Government delegation to the Hague Conference on Private International Law, to negotiate the 2005 Hague Convention on Choice of Court Agreements and most recently the 2018 Draft Convention on Recognition and Enforcement of Foreign Judgments.

Chad Catterwell is an Executive Counsel specialising in cross-border disputes and international arbitrations seated across the Asia-Pacific region. He has advised clients on arbitrations under the HKIAC, ICC, SIAC, CIETAC and UNCITRAL Rules. He is now based in Melbourne. He was previously based in Hong Kong. His current practice sees him working on matters across Asia, collaborating seamlessly with colleagues in the region and elsewhere. He has particular expertise with respect to disputes arising from M&A activity and joint ventures in Asia. He assists clients in a number of sectors, with a strong interest in the energy and resources, oil and gas and finance sectors.