Resolution Institute

Pulse

 
  NOVEMBER 2016 Visit www.resolution.institute

Legal update

Overruling arbitral awards - only in limited circumstances
Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 >>

Thanks to Karen Ingram (Partner) and Brent Lewis from Clayton Utz Litigation and Dispute Resolution team, for preparation of this Legal Update.


Determinative DR

NZ amends Arbitration Act
hsfnotes.com:
 The key changes, to come into force on 1 March 2017, refer to the definition of 'arbitral tribunal' and assistance with arbitral appointments >>

ICC modifies arbitration rules
cms-lawnow.com:
 The amended rules, which will apply from 1 March 2017, include a new expedited procedure and increased transparency on the court's decisions >>

What do arbitration, law and economics have in common?
papers.ssrn.com:
 This paper analyses developments in international arbitration from a law and economics perspective, including behavioral economics relevant to arbitration >>

ICC publishes arbitrators' details
globalarbitrationnews.com:
 In a bid to bolster transparency in arbitration, since June 2016 a monthly chart lists the names, nationalities, roles, the appointment method and status (active or inactive) of arbitrators >>

Innovation, challenges and new DR trends
blog.globalpoundconference.org:
 London based international arbitration specialist, New Zealand born Paul Key QC looks at how DR processes are likely to change in the future >>

Arbitration of Trust Disputes
BOOK global.oup.com: Published as part of the Oxford International Arbitration Series, this book provides critical analysis of institutional initiatives in trust arbitration >>

If James Bond practised law...
kluwerarbitrationblog.com:
 Using 007 puns the author looks at recent developments in arbitration which show how the international arbitration community cares deeply about the field's real and perceived legitimacy >>

Can silence resolve an ambiguity?
foley.com:
 US court overturning an arbitrator's decision to look at parties' past dealings in a US Soccer Federation case could open up new line of attack >>


Facilitative and restorative DR

Managing change one case at a time
kluwermediationblog.com Taking the cue from recent international events, author Sabine Walsh suggests mediators can create the space for resolving conflicts in a way that brings about positive change >>

MediatorTV
VIDEO 
blog.mediatoracademy.com Check out this new resource - a weekly video discussion on mediation presented by RI member Professor Nadja Alexander and Aled Davies >>

Less certain and more flexible
mediate.com: This is how US DR Professor Bernie Mayer describes the future of mediation, which he finds both exciting and frightening >>

Lost for words
kluwermediationblog.com: RI member, Auckland University Teaching Fellow Ian Macduff writes about three kinds of language loss and how part of the capacity building role of mediators involves an engagement with words and meaning >>

Essays on Mediation 
BOOK lrus.wolterskluwer.com: Read more about dealing with disputes in the 21st century in this collection of essays by leading DR practitioners from a diverse range of fields and applications >>

The road ahead 
papers.ssrn.com: The authors review the developments in DR over the past 30 years and the successes and failures from which we can learn >>

Restorative policing webinar
PODCAST

restorativejusticeinternational.com:
Hear from two international experts including Australian Terry O'Connell's experience in NSW, North America and the UK >>

Restorative Justice as a victim's right
VIDEO 
euforumrj.org: The chair of the European Forum for Restorative Justice Board, Dr Michael Kilchling speaks about the EU Victims' Directive 2012 >>

How can schools approach DR
fairwayresolution.com: Authors look at recent court decisions in New Zealand and propose a framework of an education-based DR scheme and how this can be implemented >>

Mechanism for self-control identified
​PODCAST lenski.com: New research that being able to focus on the future can aid self control sees Tammy Lenski compare it with other self-distancing techniques >>


Keep your CPD updated

Save time by keeping your CPD record as you go. Login to the Members Area of the RI website and select My Account - CPD & Practice Hours >>

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What's on


Resolution Institute events

Sydney Arbitration Week
The Great Debate, 21 November >>
RAIF Arbitration Conference, 25 November >>

Annual General Meeting >>
Sydney, 28 November

Annual meetings
Hobart, 30 November >>
Newcastle, 30 November >>
Sydney, 7 December >>

Adjudication discussion group >>
Melbourne, 30 November

Mediation in New Zealand >>
ONLINE, 5 December

Arbitration for the resources industry >>
Melbourne, 6 December

Mediation colloquium >>
Perth, 6 December

Networking event >>
Hamilton, 6 December


Multiple location events

Probity Services Accreditation Course >> 

Assessing suitability & preparing clients for mediation (1 day skill extender) >>

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

Mediating Workplace Bullying Complaints >>

CINERGY™ 4 day conflict coaching >> 

CINERGY™ 2 day 'Refresher' training >> 

NEW CINERGY™ 3 day Advanced workshop >> 


Other CPD & training

Mini PD Workshops: Monday Modules and Thursday Topics >>
with Margaret Halsmith
ONLINE interactive video conference

CoResolve Participative Leadership Program >>
with Myrna Lewis and Pru Gell
Melbourne, 21-22 November
Members receive 10% discount

How to Regain Focus in an Accelerated World >>
with International Coach Federation
Webinar, 25 November

PNG Supreme Court Justice presentation >>
with Australian Dispute Resolution Association
Sydney, 29 November

The Impact of Mediation on Nigeria >>
with Mediators Beyond Borders International
Webinar, 30 November

Strategic Communication for Results >>
with the Society of Consumer Affairs Professionals Australia
Wellington, 30 November
Members receive SOCAP member rates

Mediation Practice Network - Agreements >>
with Australian Dispute Resolution Association
Sydney, 3 December

The Art of Facilitation >>
with Zenergy Global
Melbourne, 4-8 December

Strategic negotiation moves that work at work >>
with The Negotiation Channel
Webinar, 6 December

Creative facilitation masterclass >>
with Viv McWaters
Melbourne, 7/8 December

Nonviolent Communication Foundation Trainings >>
with the Communication Group
Melbourne, 14-15 January
Sydney, 21-22 January
Sunshine Coast, 18-19 March

Workplace Mediation Training >>
with Mediation Training Institute
Miami, Florida, 23-27 January

The Impact of Grief and Loss on Mediation Outcomes >>
with Australian Dispute Resolution Association
Sydney, 3 March

Courses in peacebuilding >>
with Canadian School of Peacebuilding
Winnipeg, Canada, 12-16 & 19-23 June

Mediation Retreat >>
with Greg Rooney, Margaret Ross and Barbara Wilson
Tuscany, Italy, 17-24 June

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