www.arbitrator.com.au

useafter

steve — 2016-07-07T05:06:02+00:00

I am in dispute. How do I use arbitration? 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.

evidence - [Arbitration Evidence]

steve — 2016-05-24T06:12:26+00:00

Arbitration Evidence * Sometimes the laws of evidence apply to arbitration sometimes they do not. Whether or not they do depends on, amongst other things, the agreement of the parties. * Evidence can be documentry or oral. * Evidence can sometimes be supplied by witness statements or affidavits.

arbitration

steve — 2016-05-24T06:08:11+00:00

What is Arbitration? 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.

redfernschedule - created

steve — 2016-05-24T05:44:45+00:00

Redfern Schedule * *

discovery - [Discovery]

steve — 2016-05-24T05:42:21+00:00

Discovery * Discovery is the process by which each party discloses the documents in its possessions relevant to the proceedings. * In NSW discovery in the equity division is now called disclosure and handled slightly differently. see Practice Note No. SC Eq 11 * In arbitration the process is to be determined firstly by consent

interimmeasurestypes

steve — 2016-05-24T05:41:27+00:00

Types of Interim Measures * ACICA, Article 28.2 * Singapore International Arbitration Act, s12 * SIAC Rules, Rule 26 * HKIAC Rules, Article 23 * UNCITRAL Arbitration Rules, Article 26 * UNCITRAL Model Law, Article 17 * IIC Rules, Article 28 * LCIA Rules, Article 25 The types of interim measures can include * any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decid…

are_there_any_reported_decisions_of_your_mr_white

steve — 2016-05-23T06:47:39+00:00

Resume * Mr White Mr White’s Reported Arbitral Decisions * Our Mr White has more reported arbitrations than any other arbitrator in Australia. In every case his arbitral decisions have been upheld by the Court and become enforceable judgments of the Court as if they were made by a Court in the first instance. His reported decisions, set out below, have included jurisdiction, specific performance, injunctions, damages, declarations, proceedings against third parties and substantial cost…

enforcement_of_an_arbitration_award - [2015]

steve — 2016-05-10T04:57:09+00:00

Enforcement of a Foreign Arbitration Award 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 Yor…

ye_v_zeng - created

steve — 2016-05-10T04:56:57+00:00

Ye v Zeng * Ye v Zeng * Ye v Zeng (No 2) * Ye v Zeng (No 3) * Ye v Zeng (No 4) References * Arbitration Cases * Enforcement of a Foreign Arbitration Award

interestingdecisions - [2015]

steve — 2016-05-10T04:56:54+00:00

Arbitration Cases 2017 * Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd 2016 * Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd 2015 * Cameron Australasia Pty Ltd v AED Oil Ltd * Colin Joss & Co Pty Ltd v Cube Furniture Pty Ltd * Emirates Trading Agency Llc v Sociedade De Fomento Industrial Private Ltd * Giedo van der Garde BV v Sauber Motorsport AG * Giedo van der Garde BV v Sauber Motorsport AG (No 2) * Hebei Jikai Industrial Group Co Ltd v Marti…

enforcement_of_an_domestic_arbitration_award - [2015]

steve — 2016-03-09T04:55:46+00:00

Is it possible to appeal an arbitral award? Under the old Commercial Arbitration legislation an appeal was available as a right on, amongst other things, an error of law. Under the new UNCITRAL Commercial Arbitration framework an appeal is now only available on very limited grounds.

building_arbitrations

steve — 2016-03-09T04:53:08+00:00

[2014] QSC 157

novawest_contracting_v_brimbank_city_council - created

steve — 2016-03-09T04:52:28+00:00

Novawest Contracting v Brimbank City Council [2015] VSC 679 (17 November 2015) * [2015] VSC 679 References * Arbitration Cases * Building Arbitrations * Enforcement of an Arbitration Award

indian_farmers_fertiliser_cooperative_ltd_v_gutnick - created

steve — 2016-03-09T03:38:50+00:00

Indian Farmers Fertiliser Cooperative Ltd v Gutnick [2015] VSC 724 (21 December 2015) [2015] VSC 724 [2015] VSC 770 [2016] VSCA 5 References * Agricultural Disputes * Arbitration Cases * Enforcement of a Foreign Arbitration Award

hkiac.jpg - created

steve — 2015-11-10T07:32:29+00:00

resolutioninstitute.png - created

steve — 2015-09-10T03:00:08+00:00

adc_logo.png - created

steve — 2015-07-23T07:11:19+00:00

ciarb.png - created

steve — 2014-07-21T08:56:05+00:00

tdc_logo.jpg - created

steve — 2012-09-27T06:34:12+00:00

australia.pdf - created

steve — 2012-04-30T05:20:23+00:00