International arbitration: reconsidering the hearing

International arbitration: reconsidering the hearing

Bronwyn Lincoln, partner with Corrs Chambers Westgarth, asks: Is an arbitration hearing actually required?

Her article moves beyond the question of how a hearing should proceed and encourages parties, their counsel and tribunals to instead ask whether a hearing is required – a particularly pertinent question during the COVID-19 pandemic.

See the full text at: Is a hearing actually required?

Family Courts Arbitration List

The Family Courts have formalised support for alternative dispute resolution with the introduction of an Arbitration List.

On 6 April 2020, the Hon William Alstergren, Chief Justice of the Family Court of Australia and the Chief Judge of the Federal Circuit Court of Australia announced that to support the development and promotion of arbitration for property matters in family law, the Family Court of Australia and the Federal Circuit Court of Australia (the Courts) have established a new specialist list in each Court, to be known as the National Arbitration List.

  • Justice Josh Wilson will be the National Arbitration Judge for the Family Court of Australia.
  • Judge Joe Harman will be the National Arbitration Judge for the Federal Circuit Court of Australia.
  • Justice Strickland will be the coordinating Appeals Judge for Arbitration Appeals in the Appeal Division of the Family Court of Australia.

The list will operate as a national electronic list in each Court and will include the following features:

  • Whenever a matter is referred to arbitration that case will be placed into the National Arbitration List,
  • Any application for interim orders sought by an arbitrator or one of the parties will be dealt with by the National Arbitration Judge electronically,
  • Any applications relating to the registering of the arbitration award, objection to an award being registered or an application for review will be conducted either the National Arbitration Judge or a nominated judge assigned by the Chief Justice or Chief Judge, and
  • Any appeal from a decision of the National Arbitration Judge or other nominated judge will be managed by Justice Strickland as the Coordinating Arbitration Appeal Division Judge.

His Honour said:

“The Courts have long supported the use of alternative dispute resolution as a quicker and more affordable option for litigants to resolve their disputes, rather than continuing to trial.

“The introduction of the Arbitration List will ensure consistency and timeliness and the determination of such applications will be given considered priority.

“While arbitration has traditionally and commonly been used in commercial litigation, our Courts are very keen to support the wider use of arbitration in family law for property matters.”

Read the letter here: Arbitration List

Arbitration Benefits

  • EFFICIENT and EFFECTIVE – recognised both under your jurisdiction and internationally
  • EASY TO ORGANISE – once Arbitrator is appointed they act as the dispute manager
  • FLEXIBLE – party-oriented and responsive to their needs
  • CERTAIN – gives final decision
  • CONFIDENTIAL – private process with no public exposure

ADR in Australia

Australia has an agreeable reputation for legal professionalism and we are able to rely on our legal system and courts to provide reasoned and just decisions. However, our increasingly regulated society provides all types of disputes for which determination by a court is an unwieldy and expensive solution. The vast majority of matters filed in courts never reach a final determination and are instead settled out of court by negotiation, agreement or abandonment.

As a result, Australian courts are increasing relying on ADR (Alternative Dispute Resolution) methods to assist with the resolution of the expanding number and complexity of matters competing for court time. These ADR methods include conciliation, mediation, independent appraisal, and arbitration. These processes are highly effective in dealing with all types of disputes, particularly those involving complex factual situations, technical issues requiring expert evidence or emotionally charged disputes.

Why not start with a process that will lead to the best result, rather than get there by a costly and circuitous route?

Welcome!

Welcome to the Med-Arb Blog. We will update you regularly with information, news, events, and opinions concerning mediation, arbitration, and Med-Arb.

Our bloggers are from the Mediation & Arbitration Chambers, Australia’s first national dispute resolution practice to promote and employ integrated mediation and arbitration process. The organisation was established to meet the need of commercial organisations that are seeking flexible, final and confidential dispute resolution services, provided by competent and qualified legal professionals.

We hope that you’ll enjoy your time reading the Med-Arb Blog.