Resolution Institute


  NOVEMBER 2016 Visit

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
 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
 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?
 This paper analyses developments in international arbitration from a law and economics perspective, including behavioral economics relevant to arbitration >>

ICC publishes arbitrators' details
 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
 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 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...
 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?
 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 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 >>

VIDEO 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 This is how US DR Professor Bernie Mayer describes the future of mediation, which he finds both exciting and frightening >>

Lost for words 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 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 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
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 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 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 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

Sent by Resolution Institute,
Sydney - Wellington