www.arbitrator.com.au

act

2011-05-17T16:45:43+10:00

Australian Capital Territory Arbitration Legislation * Commercial Arbitration Act 1968 (Act)

advantages

2011-02-13T23:31:56+10:00

Do you have trouble translating your project to an arbitrator who has little or no understanding of the Intellectual Property or Information Technology issues involved? Technology Arbitrators & Mediators offers arbitration services with an emphasis on Information Technology and Intellectual Property related disputes including Copyright, Trade marks, Patent disputes, Contracts and Insurance.

agricultural_disputes

2012-02-23T04:54:27+10:00

* Sapphire (SA) Pty Ltd (t/as River City Grain) v Barry Smith Grains Pty Ltd (in liq) * Federation of Oils, Seeds and Fats Associations * Grain and Feed Trade Association

anti-suit_injunction

2012-02-22T04:33:52+10:00

* Star Reefers Pool Inc. v JFC Group Co. Ltd. * Deutsche Bank AG v Highland Crusader Offshore Partners LP * Glencore International AG v Exeter Shipping Ltd * CSR Ltd v Cigna Insurance Ltd

appeal

2011-11-17T04:51:18+10:00

Under the old legislation which remains in force in many states an appeal was possible on a matter of law only (which included jurisdiction). Under the new Commercial Arbitration Act 2010 (NSW) an appeal is only available on the basis of jurisdiction.

appeal_of_an_expert_determination

2012-04-30T04:58:28+10:00

* Yes, however, the basis of appeal is limited. * Such an appeal is not one for judicial review of a decision in the administrative law sense. * McHugh JA recognised, and it has repeatedly been accepted, that the fundamental question is whether the exercise performed in fact satisfies the terms of the contract so as to make the determination binding. * Absent fraud or collusion, a valuation is binding if it was made in accordance with the contract, and if so it is beside the point that…

appealing_an_award

2010-11-25T03:00:58+10:00

Appealing an Arbitration Award Principals The task of the Court, in considering whether or not leave to appeal should be granted is not to decide the merits of the proposed appeal and on the result grant or withhold leave to appeal. It is simply to decide whether the case meets the required standard for appeal.

apple_claims_in_dispute

2011-10-17T07:39:17+10:00

A touch panel having a transparent capacitive sensing medium configured to detect multiple touches or near touches that occur at a same time and at distinct locations in a plane of the touch panel and to produce distinct signals representative of a location of the touches on the plane of the touch panel for each of the multiple touches, the transparent capacitive sensing medium comprising:

appointment

2011-02-12T18:56:45+10:00

An Arbitrator may be appointed by: MethodAdvantage/DisadvantageAgreement between the disputing partiesThis is the best approach. The key advantage of this method is that a particular arbitrator with skills in the relevant area of dispute can be appointed. In our view, such a person is more readily able to assist the parties to ascertain the true issues in dispute and thereby facilitate either determination of those important issues or settlement. Our experience is that until the matter…

arbitration

2011-02-10T17:00:47+10:00

Arbitration is a formal dispute resolution process which is governed by legislation. It involves an independent party making a binding decision on the parties in dispute. The independent party hears evidence and submissions from the parties. The independent party makes a decision known as an award.

arbitration_rules

2011-02-22T17:26:43+10:00

* Which arbitration rules are used to resolve disputes is a matter of express agreement or are implied by agreement. * The first step in working out the relevant rules is to determine the seat of the jurisdiction. * How do you determine the seat of the arbitration?

arbitrationadvantages

2011-04-05T14:57:25+10:00

Cost * It may appear to be cheaper to run your matter in the Courts, however, experienced litigants and their advisers will tell you that the real cost of litigation is delay. * Delay costs the parties in: * Lost business opportunities. Your competitors and customers do not stop whilst you resolve your dispute. Unless you are able to fully conduct business and exploit your intellectual property you lose. * Additional legal fees. Typically, legal fees expand to meet the available ti…

arbitrationsteps

2011-10-10T06:30:40+10:00

* How to appoint an arbitrator before a dispute arises * How to appoint an arbitrator after a dispute arises * Preliminary Conference * Entering the Reference * Preparation for Hearing * Hearing * Award * Enforcement * July 10, 2011 - Judicial intervention and caseflow management - Steven Rares

arbitrator

2011-10-10T05:53:48+10:00

arbitrator_to_decide_according_to_law_or_fairness

2011-11-30T06:41:29+10:00

* Commercial Arbitration Act 1984 (Vic), s22, Arbitrator to decide according to law or fairness? CaseCommentWestport Insurance Corporation v Gordian Runoff Ltd Church Grammar School v Bosnich & Anor [2010] VSC 476 (29 October 2010)Section 22(2) of the Commercial Arbitration Act 1984 (Vic) specifically permits parties to agree to an arbitrator or umpire deciding any question by reference to “considerations of general justice and fairness.” If the parties do not agree, the question must be deci…

are_there_any_reported_decisions_of_your_mr_white

2011-05-31T19:01:46+10:00

* Mr White * December 2011, 16 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited * Our Mr White was the arbitrator in this matter. * Commercial Arbitration Act s33B(1) * His costs awards of approximately $1m were upheld. * November 2, 1011 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited * Our Mr White was the arbitrator in this matter. * Commercial Arbitration Act 2010 (NSW), ss 35 and 36 * Award by arbitrator declaring a constructive trust, orderi…

award

2011-10-10T07:25:48+10:00

* There are several types of award. * An award can be issued on a preliminary question - eg jurisdiction, privilege etc. This is an example of interim award. * We typically issue numerous procedural orders in any complicated matters. These are not awards. * Typically, we issue interim awards as in most cases the question of damages is determined after the principle question of whether or not any damages are payable at all is determined. * Typically, we issue draft awards as in compli…

barclay_s_dispute_clause

2011-10-20T05:55:44+10:00

Clause 26.1 is headed Expert Determination. It provides: (A) In the event of any dispute regarding (i) the amount of any profit or loss allocations due to a Member pursuant to Clause 9 or (ii) any payment due to an Outgoing Member under Clause 17,

building_arbitrations

2012-03-02T12:25:54+10:00

* Aquagenics Pty Ltd v Break O'Day Council

calderbank

2011-10-20T05:33:51+10:00

* A Calderbank offer is an offer which says that one party will accept $x in respect of a claim (y). * If that party obtains better than or equal to $x at trial it says that if that offer was unreasonably refused the party making the offer should be entitled to its costs on an indemnity costs basis. * The purpose of the rule is to permit a party to make an offer without fear that the Court will interpret same as an inappropriate concession. * However, with a Calderbank Offer there is no…

can_the_court_intervene_in_procedural_decisions_of_a_tribunal

2011-05-31T08:50:16+10:00

* Arnwell Pty Ltd v Teilaboot Pty Ltd & Ors [2010] VSC 123

cases

2011-05-31T19:04:11+10:00

* Building Arbitrations * Energy Arbitrations * Domain Name Disputes * Mining Disputes * Telecommunications Arbitrations * Insurance Disputes * Shipping Disputes * Agricultural Disputes * Cases in relation to the enforcement of a Foreign Award * cases in relation to the enforcement of Domestic Award

coaching

2011-11-26T16:07:53+10:00

* Is the coaching of evidence permitted? * This includes reading and discussing the witness statements of other witnesses. * In Australia, No. * Day v Perisher Blue Pty Ltd [2005] NSWCA 110 (11 April 2005), Sheller JA, McColl JA, Windeyer J * It has long been regarded as proper practice for legal practitioners to take proofs of evidence from lay witnesses separately and to encourage such witnesses not to discuss their evidence with others and particularly not with other potential witne…

contact

2011-02-11T17:02:41+10:00

Melbourne Office Sydney Office Telephone +613 9629 3709 +612 9233 2600 Facsimile +613 9629 3217 +612 9233 3044 Email Website AddressesPostal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

costs

2011-11-15T01:47:45+10:00

Our Arbitral Practice Our Steve White takes a pragmatic approach to assessing costs. Typically, the level of detail required by a Court is not required and instead the costs assessments proceeds on a “gross sum” basis whether or an a party/party basis or a solicitor/client basis with any costs awarded being payable within 14 days of a costs award.

does_an_arbitral_tribunal_have_to_give_reasons_for_its_decision

2011-05-31T19:07:18+10:00

Our Practice Our Steve White issues detailed reasons in relation to each of his decisions which set out all in full the submissions of the parties, which evidence and submissions he accepts and which evidence and submissions he does not accept and the reasons for same.

domain_name_disputes

2011-02-11T17:18:25+10:00

* ICANN Uniform Domain Name Dispute Resolution Policy * WIPO Domain Name Decisions * American Arbitration Association Archive * auDRP Proceedings Archive * June 20, 2011 - ICANN approves new top level domains * Vovlo * Safe Guard

energy_arbitrations

2011-11-22T00:01:16+10:00

Please note that published awards are rare as ordinarily an arbitration is confidential and not published. * Australian Energy Regulator * November 2, 1011 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited * October 5, 2011 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited * April 1, 2011 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited

enforcement

2011-10-09T09:07:41+10:00

* Once an arbitral award is made it can be enforced in a number of jurisdictions if those jurisdictions have: * agreed to the New York Convention; and * implemented a legislative scheme consistent with those obligations * Can awards of an domestic arbitral tribunal be enforced in Australia? * Can awards of an international arbitral tribunal be enforced in Australia?

enforcement_of_an_arbitration_award

2011-05-17T16:48:42+10:00

Conventions * 1958 - Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention * 2006 - Recommendation regarding the interpretation of article II (2) and article VII (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) * UNCITRAL Model Law on International Commercial Arbitration 1985 With amendments as adopted in 2006 * Enforcing Awards under the New York Convention * 1985 - UNCITRAL Model Law o…

enforcement_of_an_arbitration_clause

2011-05-31T19:02:46+10:00

Related Material * Enforcement of an expert determination clause Anti-suit injunction set aside Legislation * Commercial Arbitration Act 2010 (NSW), s16 - Competence of arbitral tribunal to rule on its jurisdiction * Commercial Arbitration Act 1984 (VIC), s42 - Power to set aside award * Supreme Court Act 1986 (Vic), s30 - Power to stay proceedings * Commercial Arbitration Act 1986 (ACT), s53 - Power to stay court proceedings

enforcement_of_an_domestic_arbitration_award

2012-03-31T03:33:12+10:00

Legislation * Commercial Arbitration Act 2010 (NSW), s17H and s17I * Arbitration Act 1996 (NZ), s5(1)(c) Cases 2011 * Yesodei Hatorah College Inc v Trustees of the Elwood Talmud Torah Congregation * November 2, 1011 - Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited * Our Mr White was the arbitrator in this matter. * Commercial Arbitration Act 2010 (NSW), ss 35 and 36 - Award by arbitrator declaring a constructive trust, ordering specific performance of a Licencing Ag…

enforcement_of_an_expert_determination_clause

2011-05-24T18:56:21+10:00

Related Material * Enforcement of arbitration clause * Appeal of an expert determination Legislation * Supreme Court Act 1986 (Vic), s30 Power to stay proceedings * Victorian Civil and Administrative Tribunal Act 1998 (Vic), s77 More appropriate forum

entering_the_reference

2011-10-10T07:24:39+10:00

* Until the Arbitrator enters into the reference of the dispute he or she has no powers (other than to enter or not enter into the reference). * Typically before entering into the reference the Arbitrator will set out all the matters which may form a basis of any allegation of bias so that the parties can consider same. * The Arbitrator typically enters into the reference upon determining that he or she has jurisdiction.

expert_evidence

2012-03-05T01:36:32+10:00

2011 * Dasreef Pty Ltd v Hawchar * the [expert evidence] was not admissible to ... [as it] was not “wholly or substantially based on” “specialised knowledge based on [the experts] training, study or experience”. * Evidence Act 1995 (NSW) s79(1) * As a general rule, trial judges confronted with an objection to admissibility of evidence should rule upon that objection as soon as possible. * Often the ruling can and should be given immediately after the objection has been made and a…

expertadvantages

2012-04-30T05:34:27+10:00

The High Court of Australia in Shoalhaven City Council v Firedam Civil Engineering Pty Limited recently cited with approval the following statement. * The evident advantage of an expert determination of a contractual dispute is that it is expeditious and economical. * The second attribute is a consequence of the first: expert determinations are, at least in theory, expeditious because they are informal and because the expert applies his own store of knowledge, his expertise, to his obse…

fa_arbitration_rules

2011-10-24T08:17:25+10:00

“1. (a) Subject to Rule K1(b), K1(c) and K1(d) below, any dispute or difference between any two or more Participants (which shall include, for the purposes of this section of the Rules, The Association) including but not limited to a dispute arising out of or in connection with (including any question regarding the existence or validity of):

fees

2011-05-17T16:04:37+10:00

Our Steve White's rates are: DescriptionFeeHalf Day Rate AUS$2,500 + GST (not exceeding 5 hours)Full Day Rate AUS$5,000 + GST (not exceeding 10 hours)Travel We do not charge travelling time, airfares or accommodation for arbitrations held in any of the cities listed below. Business Class Airfares and accommodation apply for other cities.Australia New Zealand Argentina Chile China England Fiji Germany Indonesia Japan Philippines Singapore South Africa South Korea Tahiti Thailand…

gilgandraarbitrationclause

2012-05-01T05:39:31+10:00

ARBITRATION: If any dispute arises out of or relates to this contract or the breach, termination or subject matter thereof, the dispute shall be submitted to and settled by Arbitration in accordance with NACMA Arbitration Rules in the edition current at the date of the establishment of the Terms of Trade in the Contract, such rules forming an integral part of the Contract and of which both parties hereto shall be deemed to be cognisant.

hearing

2011-11-26T15:55:05+10:00

* The exact form of the hearing of the arbitral dispute depends on the preferences of the parties. * The options include: * a determination based on the papers; * a determination based on a Court Style hearing with case openings, cross examination and case closings; and * any other options which facilitate the fair and final resolution of commercial disputes by impartial arbitral tribunals without unnecessary delay or expense.

indemnity_costs

2011-10-20T05:32:41+10:00

These costs are sometimes referred to as solicitor and (own) client or legal practitioner and (own) client. See for instance Commercial Arbitration Act 2010 (NSW) s33B The can include up to 100% of the costs incurred. * Historically, the Court had the power to award costs on a solicitor and client (indemnity) basis as and when the justice of the case might so require * French J (as his Honour then was), said that for the court to depart from the usual party and party basis : * ... …

injunctions

2011-12-02T04:01:23+10:00

* Generally As set out by the High Court in Australian Broadcasting Corporation v O’Neill , there are two main inquiries to undertake in determining whether to grant an interim injunction. * The first is whether the plaintiff has made out a prima facie case, in the sense that if the evidence remains as it is there is a probability that at the trial of the action the plaintiff will be held entitled to relief... * The second inquiry is… whether the inconvenience or injury which the plaintif…

insolvency

2011-11-22T02:24:11+10:00

* Not necessarily, our Steve White has made orders against a company subject to external administration (insolvency). * Corporations Act * s440C - Owner or lessor cannot recover property used by company * s440D - Stay of proceedings * Commercial Arbitration Act 2010 (NSW) * 24B General duties of parties * s35 Recognition and enforcement

insurance_disputes

2011-10-10T09:08:32+10:00

* October 5, 2011 - Westport Insurance Corporation v Gordian Runoff Limited [2011] HCA 37

interesting_arbitration_articles

2011-05-23T09:09:08+10:00

Drafting * The author of the excellent article, Drafting Arbitration Clauses - Avoiding the 7 Deadly Sins, sets out those sins as: SinsDescription (our wording)EquivocationFailure to agree to arbitrate and instead reserving some rights for litigation thereby ensuring a dispute about what disputes are arbitral and what are notInattentionFailure to ensure that the arbitration is enforceable in the most likely state in which enforcement may be requiredOmissionFailure to specify how the arbitrato…

international

2011-06-03T13:17:32+10:00

* 1985 - UNCITRAL Model Law on International Commercial Arbitration, with amendments as adopted in 2006 - text * 1985 - UNCITRAL Model Law on International Commercial Arbitration, with amendments as adopted in 2006 - related documents * 1976 - UNCITRAL Arbitration Rules * Convention on the Recognition and Enforcement of Foreign Arbitral Awards * Convention on the Settlement of Investment Disputes between States and Nationals of Other States

legal_professional_privilege

2011-12-06T23:56:20+10:00

What is Legal Professional Privilege? * In Esso Australia Resources v Commissioner of Taxation the High Court approved the earlier decision of Barwick CJ from Grant v Downs namely * A document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to * obtain legal advice or * to…

legislation

2011-06-03T13:16:02+10:00

* Civil Dispute Resolution Bill 2010 (Cth) * Further information on the Civil Dispute Resolution Bill 2010 * International Arbitration Act 1974 (Cth) * s2D - Objects of Act * s39 - Matters to which the Court must have regard * Federal Court Practice Note ARB1 - Proceedings under the International Arbitration Act 1974 (Cth)

ligthsourcearbitrationclause

2011-10-17T03:30:05+10:00

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute).

links

2011-06-09T13:14:24+10:00

Related Firms * White SW Computer Law * Technology Arbitrators and Mediators * Software Escrow & Copyright Agents Pty Ltd Australian Links * Australian Centre for International Commercial Arbitration * Acica Arbitration Rules * Acica Arbitration Rules - commentary

liquidator_s_liablity_for_costs

2011-11-15T01:53:02+10:00

* In The Matter of Mendarma Pty Ltd (in liquidation) (No. 2) * Hellen and Fordyce v Alex G Grivas Pty Limited * Hypec Electronics Pty Limited (in liq) v Mead; Bl and Gy International v Hypec Electronics Pty Limited (in liq) * Jonas v Rocklea Spinning Mills Pty Ltd * Korda, In the matter of Clynton Court Pty Ltd * Wilson Lovatt & Sons Ltd * Re Pavelic Investments Pty Ltd * Buena Vista Motors Pty Ltd (In Liq) and the Companies Act * Williams v Lister & Co * re Si…

mareva

2012-04-05T00:42:04+10:00

Is is possible to get a Court to prevent the disposition of assets whilst an arbitration is pending? Yes, see * ENRC Marketing AG v OJSC “Magnitogorsk Metallurgical Kombinat” * ex parte application for freezing orders under Art 17J of UNCITRAL Model Law on Commercial Arbitration * Model Law given force of law by s 16 of International Arbitration Act 1974 (Cth) * international arbitration on foot * applicant seeking to prevent respondent transferring its shares in an Australian co…

mining_disputes

2011-07-07T23:33:53+10:00

* Altain Khuder LLC v IMC Mining Inc and IMC Mining Solutions Pty Ltd * Recognition and enforcement of foreign arbitral award decision * Indemnity Costs Decision * Stay pending appeal decision * Esso Australia Resources Ltd v Plowman

most_appropriate_forum

2011-05-24T18:44:24+10:00

* Oceanic Sun Line Special Shipping Co Inc v Fay [1988] HCA 32 * Schmidt v Won & Ors [1998] 3 VR 435 * Bentley v Cash Resources [2002] VCAT 1399 (20 November 2002) * Koster v Mike Giuliano Agencies Pty Ltd [2004] VCAT 1046 (4 June 2004)

news

2011-05-31T19:14:08+10:00

2012 * February 13, 2012 - Supreme Court of NSW practice note: Commercial Arbitration List 2011 * November, 2011 - Business-to-Business Arbitration in the United States, Perceptions of Corporate Counsel * June 30, 2011 - ACICA Newsletter * May, 2011 - Resolution of Small Business Disputes Options Paper * May , 2011 - Model Commercial Arbitration Bill 2010 (NSW) - Law Society Submissions

2011-02-12T18:57:56+10:00

We discuss various arbitration decisions in our email newsletter. If you would like to subscribe to our newsletter, please e-mail us. Our newsletters can also be accessed by clicking on the links below. * "safeguard-storage.com" - Domain Name versus Trade Mark, August 2006 * "Vovlo.net" - Domain name dispute, July 2006

newzealandarbitrationlegislation

2011-06-03T13:18:15+10:00

* Arbitration Act 1996 (NZ) *

nsw

2011-05-24T13:14:38+10:00

* Commercial Arbitration Act 2010 (NSW) * First Reading * National Electricity (New South Wales) Act 1997 (NSW) * Supreme Court of New South Wales * Commercial Arbitration Act 1983 (NSW) (repealed)

nt

2011-05-17T16:46:45+10:00

* Commercial Arbitration Act (NT)

parol_evidence_rule

2011-10-14T06:16:51+10:00

* Codefela * Parol Evidence Rule * Westport Insurance Corporation v Gordian Runoff Ltd Heydon J * But beyond that mundane question of law there may be two specific but important errors of law. * The arbitrators may have erred in their use of the phrase “common understanding and intention of the parties”. * That suggests that they erred in searching for the subjective intentions of the parties. * That is an extremely important matter, not always well understood. * It is v…

party

2011-10-12T03:01:33+10:00

* Party/Party costs include all costs which are necessary or proper for the party awarded costs to attain justice. * As a matter of practice, this can vary from 50%-80% of the costs incurred. * Solicitor/Client Costs * Indemnity Costs * Calderbank Offers

peremptory_order

2011-11-09T01:31:31+10:00

Sample * [MWP] is directed (a) to procure that its 27% shareholding in 9,930,000 Steppe shares, which is held according to the oral evidence of Mr. Wilson, nominally by HSBC Global Custody Nominees (UK) Limited (HSBC) is to be held to the order of Christopher Berry, the Chairman of the Arbitral Panel and (b) to confirm in writing to the Arbitrators that such instructions have been accepted by HSBC.

powers

2011-10-17T09:44:22+10:00

* Subject to jurisdiction being established an arbitral tribunal has the power under various legislative instruments to: * order interim measures including injunctions subject to certain conditions being satisfied * order specific performance * order damages * order interest

preliminary_conference

2011-10-10T05:56:55+10:00

* Once nominated by an appointing agency or the parties express interest in appointing an arbitrator the arbitrator calls a preliminary conference. * The preliminary conference is ordinarily conducted by telephone conference. * If the preliminary conference is conducted by our Steve White then parties can expect to receive correspondence as set out below which, in effect, sets the agenda for the preliminary conference.

preparation_for_hearing

2011-10-10T07:25:05+10:00

* Once the preliminary conference is held all steps after that date are directed at getting the matter heard. * Typically, we can get most complicated matters on for trial in approximately 6 to 9 months. * The factors which determine the length of time are typically driven by the parties and not us. * Those factors include: * whether a jurisdictional issue has to be resolved; * whether pleadings are required; * whether the pleadings are adequate; * whether discovery is require…

privacy

2011-11-22T06:35:47+10:00

Domestic Arbitration For a domestic arbitration, Yes. According to the Commercial Arbitration Act 2010 (NSW), s2, “confidential information”, in relation to arbitral proceedings, means information that relates to the arbitral proceedings or to an award made in those proceedings and includes the following:

proportionateliability

2012-03-02T12:37:42+10:00

* It depends on the contract and the jurisdiction. * Tasmania, New South Wales and Western Australia include a contracting out provision. * There is no express provision, either way, as to contracting out in the proportionate liability legislation introduced in the Australian Capital Territory, the Northern Territory, South Australia or Victoria, nor in respect of the Commonwealth provisions contained in the Trade Practices Act 1974. * Contracting out is prohibited in Queensland, see th…

qld

2011-06-24T04:26:09+10:00

* Commercial Arbitration Act 1990 (Qld)

sa

2011-02-22T17:00:26+10:00

* Commercial Arbitration Act 1986 (SA) * National Electricity (South Australia) Act 1996 (SA)

safeguard

2011-02-22T17:07:07+10:00

Safeguard-storage.com - Domain Name versus Trade Mark In the arbitration of the dispute between Safeguard Operations, LLC and Safeguard Storage, regarding the domain name safeguard-storage.com, Safeguard Storage was successful in its claim that it should be allowed to retain the right to use the domain name.

sampleclauses

2011-05-17T15:55:03+10:00

Examples of some suitable clauses are: Example 1 (AUS) Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia [or choose another city]. The language of the arbitration shall be English [or choose another language]. The number of arbitrators shall b…

shelltime4_dispute_clause

2011-10-20T10:10:50+10:00

41.(a) This charter shall be construed and the relations between the parties determined in accordance with the laws of England. (b) Any dispute arising under this charter shall be decided by the English courts to whose jurisdiction the parties hereby agree.

shipping_disputes

2012-02-22T04:28:49+10:00

* Glencore International AG v Exeter Shipping Ltd * Star Reefers Pool Inc. v JFC Group Co. Ltd.

solicitorclient

2011-10-12T02:59:21+10:00

* Only Tasmania and Victoria make specific provision for the award of costs against a litigant on a solicitor and client basis NSW In NSW indemnity costs are used. VIC * Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) , Warren CJ, Maxwell P, Harper AJA * Where costs are taxed on a solicitor-client basis, the party in whose favour the order is made is able to recover all costs reasonably incurred and of a reasonable amount. * The party recovering its costs mus…

start

2011-06-03T12:41:09+10:00

* What is arbitration? * What are the advantages of arbitration? * How is an arbitrator appointed? * Who is Technology Arbitrators and Mediators? * Are there any reported arbitral decisions of your Mr White? * Where are Technology Arbitrators and Mediators' offices? * What are your arbitration services? * What are your expert determination services? * What are the advantages to using your services? * I am not in a dispute but would like to ensure arbitration is used to resolve…

stop_clock

2012-03-02T12:54:45+10:00

* Stop Clock Hearing Procedures in Arbitration, - Monichino, Albert A * Commercial Arbitration Act - s17(3)(g) 17(3) ... the arbitral tribunal may make orders with respect to any of the following- (a) security for costs; (b) discovery of documents and interrogatories; (c) giving of evidence by affidavit; (d) the inspection of any property which is or forms part of the subject-matter of the dispute; (e) the taking of photographs of any property which is or forms part of the …

tas

2011-06-24T04:26:51+10:00

* Commercial Arbitration Act 1986 (Tas)

tclarbitration

2011-11-19T00:51:55+10:00

In case there is any breach of the provisions under this agreement by either party ... the matter in question ... will be referred to arbitration ...

telecommunications_arbitrations

2011-11-22T06:42:24+10:00

Telecommunications Act 1997 (Cth) * s314 Terms and conditions on which help is to be given * s335 Requirement to supply carriage services for defence purposes or for the management of natural disasters * s351 Pre-selection to be provided * s372M Terms and conditions of access * s462 Compliance with the numbering plan * s582 Simplified outline * s590 Arbitration-acquisition of property

the_admissibility_of_evidence_pre-hearing_compared_with_hearing

2011-10-02T06:22:37+10:00

Pre-Hearing In pre-hearing matters the following material is admissable: * heresay Hearing In civil cases the plaintiff required to establish its case on the balance of probabilities.

uganda_case_arbitration_clause

2011-07-07T23:12:18+10:00

ARTICLE 14: GOVERNING LAW ARBITRATION 14.1 The present contract is governed, interpreted and applied in accordance to the laws of the Republic of Uganda including all concerns of construction, validity and performance. In the case where an action or procedure occurs affecting the present contract, the party to take advantage of such an action agrees to cover the costs, legal or other.

undertaking_for_damages

2011-11-04T02:02:54+10:00

* CM 14 - Usual Undertaking as to Damages * The “usual undertaking as to damages” if given to the Court in relation to any interlocutory order made by it or any interlocutory undertaking given to it, is an undertaking: * to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking o…

united_kingdom

2011-06-03T13:18:00+10:00

* Arbitration Act 1996 (UK) *

use_of_documents_obtained_in_litigation

2012-01-27T07:09:02+10:00

* Harman v Secretary of State for the Home Office * Sapphire (SA) Pty Ltd (t/as River City Grain) v Barry Smith Grains Pty Ltd (in liq)

useafter

2011-02-12T18:59:42+10:00

Ordinarily arbitration is used because the parties agreed in their agreement to use arbitration. However, it is still possible, notwithstanding the commencement of the dispute, to agree with the party with whom you are in dispute that arbitration is an appropriate dispute resolving mechanism for the dispute.

usebefore

2011-02-12T19:01:40+10:00

To ensure that arbitration is used to resolve your dispute you should nominate in your agreements: * arbitration as the preferred dispute resolution procedure. * the arbitration rules to be used. * the place or venue of the arbitration (optional). * the language of the arbitration (optional). * the law to be used (Lex_loci_arbitri) (optional). * the arbitrator to be used (optional)

venue

2011-11-19T20:33:13+10:00

* This is where the dispute is heard. * Sometimes it is called the place. * eg Adelaide, Brisbane, Canberra, Darwin, Hobart, Melbourne, Perth, Sydney. * It is not the seat of the arbitration which is far more important. * Often as a matter of convenience (travel time, arbitral facilities and banking convenience): * If the above locations are not agreeable then sometimes: * Hawaii is nominated by our Customers as the venue of the arbitration when US companies and Australian comp…

vic

2011-05-24T13:15:49+10:00

* Commercial Arbitration Act 1984 (Vic) * Supreme Court Act 1986 (Vic) * Victorian Civil and Administrative Tribunal Act 1988 (Vic) * Commercial Arbitration Bill 2011 (Vic) * Hansard - Legislative Assembly - 16 August 2011 (2540) * Hansard - Legislative Assembly - 17 August 2011 (2641) * Hansard - Legislative Assembly - 13 September 2011 (3134) * Hansard - Legislative Assembly - 15 September 2011 (3204) * Hansard - Legislative Council - 15 September 2011 (3205) * Hansar…

vovlo

2011-02-22T17:03:38+10:00

Domain Name Dispute – vovlo.net The ICANN Rules for uniform domain name dispute resolution policy applies to all accredited domain-name registrars for domain names ending in .com, .net, and .org and has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws). Complaints under the policy may be submitted to any approved dispute-resolution service providers:

wa

2011-06-24T04:27:24+10:00

* Commercial Arbitration Act 1985 (WA)

what_is_the_seat_of_the_arbitration

2011-11-20T01:09:06+10:00

Each country has its own substantial rules and which country's rules apply is determined by the parties agreeing as to the seat of the arbitration. It is different to the venue of the arbitration. The arbitration agreement must be construed to determine the seat.

where_can_i_find_the_arbitral_legislation_application_to_australia

2011-08-23T07:19:51+10:00

* International * Commonwealth * State

whoistam

2011-02-22T17:38:26+10:00

Who is Technology Arbitrators and Mediators? Technology Arbitrators and Mediators provides: * mediation; * expert assessment; * early neutral evaluation; and * arbitration services for * Information Technology, * Intellectual Property and * Telecommunications disputes.

without_prejudice_privilege

2011-11-22T01:08:23+10:00

* Evidence Act 1995 (NSW), s131 * Cutts v. Head * Parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings. * They should, as it was expressed by Clauson J. in Scott Paper Co. v.…