Winning International Arbitration Techniques in Commercial Contract Disputes

With a rising number of practitioners embracing arbitration to resolve contract disputes, Australia's robust economy and supportive legal system establish it as a key destination for international dispute resolution. Join us to gain practical insights into addressing global issues, particularly in navigating business contracts through arbitration. Expert speakers, distinguished and seasoned Arbitrators are ready to impart their valuable Winning Techniques. Don't miss this opportunity to enhance your skills and knowledge in this field.

Thursday, 13 June 2024
Early Bird Discount ends 10 May 2024 $353.50
Description

Attend and earn 4 CPD units In Substantive Law
This program is applicable to practitioners from all States & Territories

Chair

Anthony Willinge, Barrister, Murray Chambers; Best Barristers, Doyle’s Guide 2015 - 2023

10.00am to 11.00am The Different Phases of and Typical Trip Wires to Look Out for During Each

 

  • Pre-disputes
  • Incomplete documentation, missed deadlines, lack of communication
  • Initiating legal proceedings and responding to claims
  • Procedural errors, jurisdictional issues, inadequate pleadings
  • Trip wires: incomplete disclosure, discovery disputes, evidence admissibility
  • Strategies for effective negotiation
  • Unrealistic expectations, communication breakdowns, settlement agreement loopholes

Presented by Tom French, Partner, MinterEllison

11.00am to 11.15am Morning Break
9.00am to 10.00am An Introduction to International Arbitration 2024: Recent Developments in Asia Pacific


Explore the current trends molding arbitration in the Asia Pacific region, delving into key developments that are significantly impacting the international dispute resolution landscape. Gain valuable insights into the dynamic and evolving nature of arbitration in this crucial global sector.

Presented by Bronwyn Lincoln, Partner, Thomson Geer, and Edward Morcombe, Associate, Thomson Geer

11.15am to 12.15pm Arbitration Agreements: Challenging the Arbitrator’s Jurisdiction

 

  • Arbitration agreements: the good and the problematic
  • Interpretation and scope
  • Challenge procedures
  • Consequences

Presented by Matthew Harvey KC, Arbitrator, Mediator, Owen Dixon Chambers West

12.15pm to 1.15pm Doing Evidence Better: Navigating Key Challenges and Effective Techniques

 

  • Presenting lay and fact witness evidence better
  • Managing document production better
  • Getting the most out of your expert
  • Broader considerations for improvement of evidence: sustainability and diversity

Presented by Bruce O'Shea, Partner, KordaMentha Forensic and Erika Williams, FCIArb, Independent Arbitrator, Williams Arbitration; Recommended Arbitrator, Doyle’s Guide 2023

Presenters


Ms. Bronwyn Lincoln, Partner, Thomson Geer
Bronwyn is a Partner in the Disputes team with extensive experience in commercial litigation and international arbitration.She also regularly advises on conflicts of laws, international treaty rights and obligations (including the CISG) and on the enforcement of foreign judgments and foreign arbitral awards in the Australian courts. Bronwyn’s practice covers a range of industry sectors, including international trade, insurance, building and construction, energy and resources, pharmaceuticals, technology and renewables. She has a particular interest in the resolution of joint venture and shareholder disputes and a specialist practice in cross border and multi-jurisdictional matters. Bronwyn has acted for national and international clients in high value disputes in most of the superior courts in Australia and has experience in the conduct of arbitration under the rules of many of the world’s leading arbitral institutions, including the Singapore International Arbitration Centre and the International Chamber of Commerce, and under the UNCITAL Arbitration Rules. Bronwyn also sits as an international arbitrator, both as sole arbitrator and presiding arbitrator. Amongst other roles, she is a director of ACICA and the Australian Disputes Centre, vice-chair of the Federal Litigation and Dispute Resolution Exec of the LCA, a member of the ICC Commission on Arbitration and ADR and one of Australia’s four designated conciliators for ICSID (World Bank).


Mr. Matthew Harvey KC, Arbitrator, Mediator, Owen Dixon Chambers West
Matthew Harvey's principal practice areas are shipping, international sale of goods, arbitration, conflict of laws, corporations, and corporate insolvency. He is recognised as one of Australia's leading barristers in the areas of shipping and maritime law and insolvency and reorganisation law. He is listed in Chambers Asia Pacific (2016), Who's Who Legal (2016) and Best Lawyers (2016). Matthew is also recognised as Leading Junior Counsel in the areas of Insolvency and Transport in the 2015/2016 Doyle's Guide of Leading Victorian Barristers. He is the immediate past President of the Maritime Law Association of Australia and New Zealand. He appears regularly in the Supreme Court, Federal Court, Court of Appeal and in international and domestic arbitrations. He has appeared in the High Court and the Supreme Courts of various States.


Mr. Tom French, Partner, MinterEllison
Tom is a Partner at MinterEllison in Perth. Tom specialises in commercial dispute resolution (including litigation, arbitration, and adjudication) in projects & construction, energy & resources, and professional practices. He regularly advises contractors, principals, and engineers on major infrastructure disputes in respect to the construction of infrastructure on significant mining and resources projects in the Asia Pacific region and Africa, and in respect to the construction of significant commercial projects in the Perth metropolitan area. Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.


Mr. Bruce O'Shea, Partner, KordaMentha Forensic
Bruce O'Shea's ability to bring clarity to complex commercial issues has made him a trusted advisor to domestic and international clients. With over 12 years' experience in forensics, Bruce has operated across a broad range of industries and jurisdictions. He combines a calm and measured approach with deep technical expertise to resolve some of the largest and most challenging commercial matters in Australia and Asia. Bruce provides his expert advice in a clear and objective manner to enable clients to make informed decisions.


Mr. Anthony Willinge, Barrister, Murray Chambers
Anthony obtained his law degree from the University of Western Australia, graduating with honours and the Frank Edward Parsons Memorial Prize in Law. He also has a Masters of Law with distinction from the University of London, where he studied Wigmorean analysis and evidence and proof. Anthony commenced his career as the Professional Assistant to the Crown Counsel for WA and the Associate to Justice Scott before becoming a crown counsel at the Crown Solicitor’s office for a number of years. He then joined Blake Dawson where he became a Partner and the head of the firm’s commercial litigation practice in Perth. Anthony joined the independent Bar in 2009. Anthony is also an Adjunct Professor at the University of Western Australia where he has been teaching Advanced Evidence and Proof for around 20 years.


Ms. Erika Williams FCIArb, Independent Arbitrator, Williams Arbitration
Erika Williams is a leading international arbitration practitioner with significant experience acting in some of Australia’s largest disputes resolved through arbitration. Erika is experienced in commercial, construction and investment arbitration and has acted in arbitrations under a variety of arbitral institutions. Erika sits as arbitrator and tribunal secretary and is on the arbitrator panels of leading arbitral institutions including the Chartered Institute of Arbitrators, the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre and the Australian Centre for International Commercial Arbitration plus many more. Erika has been listed as a leading arbitration lawyer in Australia in Doyles Guide for the last three years and was recognised as the Arbitration Practitioner of the Year at the Australian ADR Awards 2021.

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Winning International Arbitration Techniques in Commercial Contract Disputes

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Morning Session
Thursday, 13 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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