A Practical and Comprehensive Guide to Arbitration
WEB213N54: Attend this webinar if you want to hear from leading experts about what is involved in an arbitration, when to use it, getting started, how to prepare and run an arbitration hearing and issues to consider in enforcing an arbitral decision.
Description
Attend and earn 3 CPD units including:
1.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Lucy Martinez, Independent Counsel and Arbitrator, Martinez Arbitration
2.00pm to 2.45pm An Overview of Arbitration: Why It Is Important and When to Use It
- Advantages of arbitration
- The arbitration clause
- Substantive v procedural law considerations
- Cultural aspects of arbitration
- Institutional v ad hoc arbitration: how to choose
- The legislative framework
- Ethical considerations
Presented by Sam Luttrell, Partner, Clifford Chance; Leading Arbitration Lawyer, Doyle’s Guide 2020
2.45pm to 3.30pm Getting Started
- Choosing an arbitrator
- Notice of arbitration
- Limitation periods; when does the arbitration commence?
- Presenting the claim; pleadings and/or memorials
Presented by Edwina Kwan, Partner, King & Wood Mallesons; Who’s Who Legal: Arbitration - Future Leader in 2019, 2018 and 2017
3.30pm to 3.40pm Break
3.40pm to 4.25pm What you Need to Know about Running an Arbitration Hearing
- Case management conferences & procedural order no 1
- Do you need a hearing (decisions ‘on the papers’)
- Rules of evidence
- Effective virtual hearings
- Due process considerations
- Tips for practitioners preparing for a hearing
- Dealing with the ‘reluctant’ respondent
Presented by Bronwyn Lincoln, Partner, Corrs Chambers Westgarth, Pre-eminent Arbitration Lawyer, Doyles Guide 2020
4.25pm to 5.15pm Enforcement Issues
- Recognition and enforcement under the New York Convention
- Appeals
- Recent cases
Presented by Dr Vicky Priskich, Barrister, Howell’s List; Vice President, Australian Branch of the Chartered Institute of Arbitrators (CIArb)
Presenters
Lucy Martinez
Lucy has extensive experience advising and representing private and sovereign clients in international disputes relating to investment treaties and contracts, including in AAA, ICC, ICSID, LCIA, UNCITRAL, and ad hoc arbitrations; reviewing draft dispute resolution clauses in contracts; sitting as arbitrator (sole, co- and presiding) in ACICA, HKIAC, ICC, LCIA, and SIAC disputes; and advising on various international pro bono projects. She is a Senior Lecturer (part-time) at TC Beirne School of Law, University of Queensland, Brisbane, Australia in international arbitration, contract law and public international law.
Sam Luttrell
Dr Sam Luttrell is a Partner in the International Arbitration Group at Clifford Chance, based in Perth. His practice is focused dispute resolution in the natural resources sector. Sam is a professional advocate ranked Band 1 in Chambers Global and recognised in all legal industry guides. In addition to his case work, Sam publishes widely on dispute resolution and international law topics and teaches at universities and arbitral institutions across the Asia-Pacific.
Edwina Kwan
Edwina is a Partner in our Sydney dispute resolution practice, specialising in China related cross-border disputes. She represents clients in all forms of dispute resolution including international arbitrations, mediations, intellectual property disputes and commercial litigation. Edwina has extensive expertise covering commercial strategy & negotiations and risk mitigation and advises clients on trade, shareholder, joint venture and IP disputes in the retail, e commerce, private equity, telecommunications, construction, energy & resources and international trade sectors.
Bronwyn Lincoln
Bronwyn practices in international commercial arbitration and commercial litigation, with a focus on cross-border and multi-jurisdictional disputes. She is also an international arbitrator.
As one of Australia’s four designated conciliators for the World Bank and a panel arbitrator for a number of international arbitral institutions, Bronwyn’s practical and global perspective is highly valued by her clients. She regularly advises on complex private and public international law issues. Bronwyn holds a number of leadership positions including Chair of the Melbourne Commercial Arbitration and Mediation Centre and Director of each of the Australian Centre for International Commercial Arbitration and the Australian Disputes Centre.