Learning & events

Webinar recording | The fabulous world of online arbitration

with Toby Shnookal, Philip Argy and Nicholas Floreani

pre-recorded | Online
“Practical ideas, useful tools and thoughtful reflection offered by the panel”

Reflecting on a year of dramatic take up of online arbitration Toby Shnookal QC (Melbourne), Philip Argy (Sydney) and Nicholas Floreani (Adelaide) discuss what we have learnt about what works and the opportunities from here.

These practitioners are amongst the most experienced online arbitration practitioners in Australia. Each will bring a different perspective. They are all members of the Online Subcommittee of the Resolution Institute Determinative Committee (RIDC).

Topics include:

The concept of online determination:

  • Why and when to use it
  • Do you need transcript and a technology provider?

Preparation and orders:

  • Preliminary letter to the parties
  • Suggested Procedural Orders

Technology:

  • What technology is helpful for the hearing?
  • What platforms work?
  • The importance of settings – examples for Zoom

Running the hearing:

  • Running a hearing without a technology provider
  • Running a hearing with a technology provider
  • Managing the parties, witnesses and the lawyers
The link to the recording of this webinar will remain active for at least 3 months from the date of purchase. We continue to consult with the given presenter as to whether extended availability is possible. We are therefore not able to guarantee access beyond 3 months.

About the speakers

Toby Shnookal

One of very few Senior Counsel in Australia with an engineering qualification (civil) and professional experience. After first switching to the law and then joining the Victorian bar, he commenced his own practice as arbitrator twenty-five years ago. Since 2016 he has practiced exclusively as a privately engaged Neutral - that is arbitrator, expert determiner, adjudicator, mediator and facilitator. He has published over 170 awards and determinations in his various roles, including a 12 year stint as a VCAT/DBT sessional member.

Together with Dr Richard Manly he co-ordinated the drafting of the Resolution Institute 2020 Arbitration Rules.

Toby joined the Institute of Arbitrators Australia, the first name of IAMA, in 1989. He has served on the Victorian chapter committee including as Chair, was on the National Board of IAMA at the time of the integration of IAMA and LEADR and is a current Board Member of Resolution Institute. He is a Grade 1 arbitrator, FCIArb and an advanced mediator (Vicbar).

More details are on the website https://www.vicbar.com.au/profile/6604

Philip Argy

Philip Argy, is an experienced commercial mediator and arbitrator who specialises in intellectual property, science, technology, consumer, franchising and competition issues and has an Australian Government Negative Vetting 2 security clearance enabling him to assist in cases involving classified information. He has been a computer buff for more than 50 years as well as being an experienced programmer.

Philip left Mallesons Stephen Jaques (now called King & Wood Mallesons) at the end of 2007 after being with the firm for almost 32 years (24 of them as a partner). He established ArgyStar.com primarily to evangelise and implement dispute resolution and avoidance strategies in the IT sector, applying the ADRoIT Principles, jointly developed by the Australian Computer Society, IAMA (now Resolution Institute), and the Project Management Institute. He is a director and founder of the Technology Dispute Centre and a Consulting Principal at Keypoint Law - an innovative model in legal service delivery.

Philip qualified at the University of New South Wales for a Bachelor of Commerce (Information Systems) degree in 1975 and a Bachelor of Laws the following year. He is a barrister and solicitor of the Supreme Courts of New South Wales, the Australian Capital Territory, Victoria and Western Australia, a Fellow of the Resolution Institute and was also one of the first mediators to be accredited under the National Mediator Accreditation System which first came into force in 2008.

Philip is on the World Intellectual Property Organisation (WIPO) panel of neutrals for the resolution of intellectual property and technology disputes, especially those involving domain names. He is the sole Australian member of the prestigious Silicon Valley Arbitration and Mediation Centre's Tech List. Euromoney's Best of the Best has repeatedly listed Philip as one of the best information technology lawyers in the world. Philip is a renowned strategist in both commercial negotiations and commercial litigation, bringing his enormous breadth of legal experience and deep technical expertise to bear on activities as diverse as food and drug regulation; patent, copyright and trade mark litigation; franchising, outsourcing; electronic commerce and digital signatures. He is frequently commissioned to prepare expert determinations on both legal and technological matters. Philip is an experienced angel investor and business and professional mentor.

Nicholas Floreani
FACICA, FCIArb, Barrister, Arbitrator, Mediator, Adjudicator

Nick is a barrister with expertise in building and construction litigation and alternative dispute resolution. He regularly acts for major construction, development and mining related companies in a wide range of matters in all State and Territory superior courts, including at intermediate level and in ADR processes, arbitration, adjudication, expert determinations, and mediations.

He is recognised in Doyle's Guide as a leading construction dispute resolution, commercial litigation and arbitration barrister and mediator. He has developed expertise in alternative dispute resolution and is an accredited arbitrator, mediator and adjudicator. He is a regular speaker on alternative dispute resolution issues.