Resolution Institute


  NOVEMBER 2017 Visit

Legal Update

brought to you by
Issuing subpoenas within Australia during foreign seated arbitrations
Samsung C&T Corporation, in the matter of Samsung C&T Corporation [2017] FCA  >>

Thanks to Karen Ingram (Partner) and Josephine Menzies from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update. 

Determinative DR

Certainty, flexibility, and law in international commercial arbitration
Dr Benjamin Hayward explores flexibility available to arbitrators through review of over 130 arbitration laws and arbitral rules >>

Federal Court of Australia recognises and enforces ICSID award
Lawyers, Brenda Horrigan and Anne Hoffmann interpret the decision of Lahoud v The Democratic Republic of Congo [2017] FCA 982 >>

Women in arbitration US arbitrator, Jean Kalicki: 
Part 1/2: From private practice to independent arbitrator >>
Part 2/2: ICCA 2018, the future, and tips for upcoming arbitration lawyers and arbitrators >>

Applications increase to admit illegally obtained evidence in international arbitrations UK lawyer, Nikki O’Sullivan discusses proposed guidelines to address this >>

Resistance to tax treaty arbitration as a DR mechanism Associate Professor, Michelle Markham discusses rise of globalisation in parallel escalation of disputes in the international tax arena >>

Industry growth areas for arbitration
UK lawyer, Richard Trinick explores industry sectors, such as life sciences which may be growth areas for arbitrations >>

Space mining: the final frontier in international arbitration? UK lawyers, Simon Maynard and Katherine Jonckheere share their thoughts on potential disputes in space mining >>

Common criticisms of international arbitration explored
Edmund Bao (ANU Research School) explores risk of arbitration being increasingly judicialised, legalistic, time-consuming and costly >>

ICC dispute 2016 resolution statistics
International Chamber of Commerce (ICC) releases statistical report with in-depth analysis of record growth of ICC Arbitration in 2016 >>

Notice of arbitration given in a foreign language is not proper notice
HSF Partner, Nicholas Peacock and Hannah Ambrose interpret the decision of Oao 2208EWHC UK Ltd [2017] Metrel Magneco v >>

Facilitative and restorative DR

Are we here to resolve our problem or just to reach a financial settlement? Dr Olivia Rundle revisits the promises of the resolution focused end of the DR spectrum >>

The art science and alchemy of mediated spaces Dr Jane Bolitho and Dr Jasmine Bruce explore the role and process of facilitation in restorative justice >>

An imperfect protection: attitudes of FDR practitioners to confidentiality Judge Joe Harman reviews 2014/15 survey of practising Family Dispute Resolution Practitioners (FDRPs) >>

PODCAST Mediation on global stage Presenters discuss learnings from engaging with students and practitioners from over 40 countries >>

The case for a fresh approach to commercial cross-border mediation
President of NGO Active Mediation, Gabor Farkas proposes mediation's expansion to solve cross-jurisdictional disputes >>

Apology in victim offender mediation Post from Middlesex University Professor Mandeep K Dhami research on effect of human judgement and decision-making >>

Supply and demand issues for mediators US mediator, Sabine Walsh explores factors that help mediators build business >>

Ambiguity in mediation may provide growth potential Professor Nadja Alexander explores the emerging awareness of diversity in mediation >>

Including LGBT people in mediation service delivery Dr Olivia Rundle discusses the need for mediators to be knowledgeable about the diverse experiences of LGBT clients >>

Understanding the structural causes of workplace disputes HR Consultant, Meriel O'Sullivan explores how staff conflict is often treated as a grievance referred to mediation or investigation >>

Victims meet offenders as part of Canberra's restorative justice program ABC's police reporter, Jesse Dorsett discusses victim-offender encounter under the ACT's restorative justice program >>

Inquiry into Protection and Detention of Children in NT report released This Royal Commission report notes value of community justice, mediation and negotiation initiatives >>

PODCAST NSW: Diverting indigenous families to family law system
Judge Matthew Myers AM discusses how Aboriginal & Torres Strait Islander families from care protection to family law system >>

Professional indemnity and public liability insurance

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What's on

Resolution Institute events

Victorian chapter annual meeting >>
Melbourne, 28 Nov

Construction law joint seminar >>
Perth, 29 Nov

Newcastle chapter annual meeting >>
Newcastle, 30 Nov

Requesting further submissions when adjudicating >>
Hawthorn, 30 Nov

Resolution Institute AGM >>
Sydney, 30 Nov

Queensland chapter annual meeting >>
Teneriffe, 5 Dec

New South Wales end of year networking event >>
Sydney, 6 Dec

ACT chapter annual meeting >>
Canberra, 7 Dec


Elements of Outrage: A diagnostic tool for understanding people’s interests more richly >>
28 Nov

Mediating Commercial Disputes: How the “Big end of town” understands mediation and what they think they want >>
5 Dec

Getting family law agreement across the line: tips and traps while dealing with it >>
7 Dec

10 things you need to know about resolving conflict at work >>
13 Dec

Training workshops

Sydney Mediation Workshop >>

Conflict Management Coaching >>

Arbitration training >>

Mediation NMAS training >>

Mediation 'Refresher' training >>

Mediator assessments >>

CINERGY™ 4-day conflict coaching >>

CINERGY™ 2-day 'Refresher' training >>

CINERGY™ 3-day Advanced workshop >>

Probity Services Accreditation Course >>

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

Other CPD & training

The online solutions focus coaching program >>
with Babel Fish Group
Melbourne, 8-29 Nov

Perth Mediation Refresher Day >>
with Resolution Institute
, 6 Dec

Tuscany Mediation Retreat >>
with Margaret Ross, Greg Rooney and Barbara Wilson
Tuscany, 16-23 Jun '18

Perth Mediation Workshop >>
with Resolution Institute
Crawley, 4-8 Dec '18

Brisbane Mediation Workshop >>
with Resolution Institute
Brisbane, 26 Feb- 2 Mar '18


Free 3 day Aboriginal Family Law Conference >>
Sydney, 27-29 November

2017 Aboriginal Family Law Conference Dinner >>
Sydney, 28 November

Law and Society Association of
Australia and New Zealand Conference >>

Dunedin, 6-9 December

CLE Paris Global Law Conference >>
Paris, 4-6 January '18

3rd Annual GAR >>
Abu Dhabi, 7 February '18

21st Gulf Engineering Forum >>
Manama, Bahrain, 21-22 February '18

No More Harm National Conference >>
Melbourne, 12-13 April '18

International Council for Commercial
Arbitration Conference >>

Sydney, 15-18 April '18

Sent by Resolution Institute,
Sydney - Wellington