Browsing posts by Affiliate Group: ACICA 45
ACICA 45

ACICA 45

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ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

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ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

ACICA, Australia, Evidence, Expert evidence, Surveys, Witness

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ACICA 45

Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released by the Australian Centre for International Commercial Arbitration (ACICA) and FTI Consulting on 6 September 2023 will be invaluable for arbitration users looking to test and improve their…

Advocacy, Arbitration, Arbitrator Selection, Arbitrators, Australia, Culture, Evidence, Witness

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ACICA 45

The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global Arbitration Review’s The Guide to Advocacy). On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “Clash of Cultures…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

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ACICA 45

In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….

Arbitral Appointments, Australia, Diversity, Multiculturalism

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ACICA 45

In recent years, there has been a drive in the international arbitration community to further diversify the pool of professionals who work in international arbitration (arbitrators and counsel alike). Most recently, this has taken form in the publication of gender diversity statistics (see, e.g., the ICC’s dispute resolution statistics 2020 or the ICCA’s 2022 Gender…

ACICA, Australia, Expert evidence

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ACICA, ACICA 45

Expert evidence is a feature of almost every arbitration. At the very least, parties will likely need to adduce expert evidence concerning the quantification of a claim for damages. However, depending on the subject matter of the dispute, a party may need to adduce expert evidence on any number of topics, ranging from aerodynamics to…

ACICA, Arbitral seat, Asia-Pacific, Australia, Uncategorized

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ACICA 45

Efficiency in arbitration is an area that is discussed so often it almost feels inefficient to discuss it. Indeed, when the Australian Centre for International Commercial Arbitration (ACICA) (in conjunction with FTI Consulting, and with the support of the Australian Bar Association, Francis Burt Chambers and the WA Arbitration Initiative) launched the results of the…

Australia, Energy, Energy Charter Treaty, Investment Arbitration, Renewable energy

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ACICA 45

The Renewable Energy Target (RET), Australia’s key policy instrument for encouraging electricity generation from renewable sources, has been described as a policy hampered by politicisation. Notwithstanding such criticism, in 2019, it was reported that Australia’s energy system is undergoing the transition to renewables faster than any other country in the world.1)Blakers et al., (2019) “Pathway…