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December 2017 1 The CIArb Australia News December 2017 1 The CIArb Australia News December 2017 www.ciarb.net.au 2 The CIArb Australian News December 2014 The CIArb Australian News December 2014 3 About CONTENTS The CIArb Australia News December 2017 us ISSN 2204-0684 Volume 4 Number 1 The Chartered Institute of Arbitrators (CIArb) ARticLE PAGE is the professional home of dispute resolvers. As an international not-for-profit organisation, President’s Report Caroline Kenny QC ................................................................. 1 our mission is to promote the use of alternative Australian Arbitration Week: 5th International Arbitration Conference Kristian Maley ......................................................................................................... 3 dispute resolution (ADR) as the Opening Address: 5th International Arbitration Conference preferred means of resolving disputes The Hon Wayne Martin AC, Chief Justice of Western Australia ........................... 6 throughout the world. Address: 5th International Arbitration Conference The Hon Mark McGowan MLA, Premier of Western Australia .............................11 We pride ourselves on being a truly global network, with over Recent Trends in Maritime Arbitration Hazel Brewer, Partner, HFW .....................25 16,000 members working in sectors as diverse as finance, Dispute Funding of Arbitration in the Energy Sector construction, oil and gas and agriculture in over 130 countries Nathan Landis, Senior Investment Manager, IMF Bentham ................................31 worldwide. In addition to providing education, training and accreditation for arbitrators, mediators and adjudicators, CIArb Address: CIArb Australia Annual Dinner Master of Ceremonies acts as an international centre for practitioners, policymakers, Carson Scott, Chief Business Correspondent, Sky News Australia .................. 38 academics and businessmen. Keynote Address: CIArb Australia Annual Dinner We provide dedicated professional guidance to our members Alexis Mourre, President ICC International Court of Arbitration .........................41 through world-renowned training, conferences, events, research 2017 CIArb Australia Essay Winner: James Kefford ...................................................... 49 and publications. We can ensure that all of our members have access to CIArb training and benefits, wherever they are in the Inaugural CIArb Australia Vis Pre-Moot ................................................................. 55 world. Most importantly, CIArb’s international reputation and Keynote Address: 2017 CIArb Australia Business Lunch International Arbitration academic rigour provide our members with a powerful mark Justin Gleeson SC ................................................................................................61 of quality assurance to help open doors. 2017 CIArb Australia and Federal Court Seminars .................................................71 The CIArb Australia is one of 40 branches offering institute members a prestigious, globally-recognised qualification CIArb Asia Pacific Diploma Course: A Student's Perspective and access to a global professional community and regular Kristina Herenda, Herenda Attorneys At Law ......................................................81 networking opportunities. Visit www.ciarb.net.au 2017 Hong Kong Summit on Commercial Dispute Resolution in China...................87 Keynote Address: 2nd Harbour Lecture Hong Kong Dr Gavan Griffith AO QC .... 90 CIArb Australia Presentation to China Law Society Delegation .............................. 92 OVER +16,000 9th CIArb Australia/Young Lawyers of NSW International Commercial Arbitration 16,000 CIArb has over 16,000 Moot 2017 Isabela Deveza, Lawyer, Pinsent Masons ......................................... 98 MEMBERS members worldwide Casenote: Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170 Russell Thirgood & Erika Williams, McCullough Robertson ..............................103 Keynote Address: Introduction to International Arbitration Course 2017 +130 The Hon Justice Clyde Croft, Supreme Court of Victoria ..................................109 Our members are based in over 130 countries across the world Current Issues in International Arbitration Mel Schwing, International Dispute Resolution Attorney ................................... 115 CIArb Australia Membership Update ................................................................... 118 +40 Member Profile: John Wakefield ..........................................................................121 6 There are over 40 CIArb branches CONTINENTS active in sixcontinents Publisher: Chartered Institute of Arbitrators (Australia) Limited | ACN 118 131 016 Editor: Gianna Totaro +250 Design: Creative Chaos Pty Ltd +250 COMMERCIAL Our members work in over All articles © 2017 The Chartered Institute of Arbitrators (Australia) Limited. Permission SECTORS 250 different commercial sectors to reproduce any item should be obtained by writing to the Editor, Gianna Totaro. 1 The CIArb Australia News December 2017 The CIArb Australia News December 2017 2 CAROLINE KENNY QC CIARB AUSTRALia PRESIDENT View Profile 2017 Diploma Course Dinner held at the Hong Kong Bankers Club on 27 October. President's Report Left to Right: Mrs Chou Sean Yu, Chou Sean Yu (Chairman CIArb Singapore), Mary Thomson (Chairperson CIArb East Asia), Richard Leung (Course Director), Wesley Wong SC (Solicitor General HKSAR), Francis Xavier SC PBM (Course Director), Anthony Houghton SC (CIArb Board of Trustees), Neil Kaplan CBE QC SBS and Caroline Kenny QC Welcome to the December 2017 edition of our flagship publication, The CIArb Australia News. ICCA 2018 first time be the host city of the accelerated routes to for Australian Arbitration fellowship and membership, we From 15 to 19 April 2018 Sydney Week. Now in its sixth year, will be also offering these courses s this is my first report In partnership with the national regarded given the focus on will host the biennial International the highlights of the week is once the new curriculum has as President of CIArb Council, and our CEO, Gianna Council for Commercial best practice. Other seminars the International Arbitration been confirmed. Australia since being Totaro, I will continue to deliver Arbitration (ICCA), the world’s will take place in Sydney, Conference, which will be held elected in May, I wish value for members and other largest international arbitration A Adelaide and Brisbane. on Wednesday 17 October 2018 Season’s Greetings to express what an honour and stakeholders in the profession congress. In partnership with CIArb at the Sofitel to be followed by the privilege it is to be given the and business community where HQ, we are sponsoring the Gala Finally, on behalf of all of us here 2018 Pre Vis Moot CIArb Australia Annual Dinner opportunity to lead this august arbitration is increasingly the Dinner. To be held on Tuesday, 17 CIArb Australia, I would like to to be held at No 35, featuring organisation, uniquely Australian process of choice to resolve April at the ICC Grand Ballroom, take this opportunity to thank you Due to the success of the Allan Myers AC QC, a Chancellor but an important cog in the commercial disputes. Darling Harbour, the event’s theme for your support and extend our inaugural CIArb Australia Pre Moot of the University of Melbourne, is Dinner under the Southern global arbitration network. As the following pages this year, the CIArb Australia leading international arbitrator best wishes for the festive season Stars and will provide an evening and the year ahead. Congratulations to my fellow demonstrate, CIArb Australia Young Members Group chaired and prominent businessman, who of fine dining and entertainment. has expanded its offerings will deliver the dinner address. Councillors, John Arthur (VIC), by CIArb Australia Councillor, Read more. Julia Dreosti (SA), Dr Stephen across Australia and around the Kristian Maley is once again The conference is organised by Asia Pacific. It is also pleasing to CIArb Australia in partnership with Lee (QLD), Kristian Maley organising a pre-moot event for 2018 Diploma in International note our branch’s membership the Business Law Section of the (WA), Dr Shane Monks (QLD), the Australian teams competing Commercial Arbitration Course Prof. Colin Roberts (WA) and continues to be on an upward Law Council of Australia and the in Vienna and Hong Kong. The From 28 July to 5 August 2018 Damian Sturzaker (NSW) trend and that globally, CIArb Australian Centre for International Caroline Kenny QC has now over 16,000 members. event is structured as a series of Perth will host CIArb’s flagship nine who were elected/re-elected Commercial Arbitration (ACICA). President day diploma course, the successful to Council 2017/2018. I wish state based rounds to be held in Federal Court of Australia completion of which leads to a Training and Accreditation to thank former Directors, Ian Brisbane, Sydney and Melbourne. and CIArb Australia globally recognised qualification in Nosworthy (SA), Julie Soars The winner of each state round Education and accreditation International Arbitration international commercial arbitration. will then compete in finals in continues to be the core activity (NSW) and Paul Menzies QC Seminars Preparations are well advanced of our Branch. In addition to the (NSW) for their service. The full Melbourne, culminating in a grand with support from international We launch our 2018 CPD Diploma course, I am pleased list of Councillors
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