www.expertdeterminer.com.au

act

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Australian Capital Territory Arbitration Legislation * Commercial Arbitration (Amendment) Act 1990 (No 32 Of 1990) * Commercial Arbitration (Amendment) (No 36 Of 1991) * Commercial Arbitration Act 1968 (Act)

admissabilitywhen

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When should an arbitrator rule on admissibility? * Commercial Arbitration Act 2010 (NSW), s19(3) provides that the power conferred on the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. * Commercial Arbitration Act 2010 (NSW), s28 provides * The arbitral tribunal must decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute.

advantages

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Advantages of our Services Do you have trouble explaining your dispute to an arbitrator who has little or no understanding of the intellectual property, information technology or telecommunications issues involved? Technology Arbitrators, Expert Determiners and Mediators offers arbitration services with an emphasis on Information Technology and Intellectual Property related disputes including Copyright, Trade marks, Patent disputes, Contracts and Insurance.

aed

2017-07-30T08:06:17+00:00

AED Oil Limited v Puffin FPSO Limited * AED Oil Limited v Puffin FPSO Limited * AED Oil Limited & Anor v Puffin FPSO Limited * AED Oil Limited v Puffin FPSO Limited (No 2) * AED Oil Limited v Puffin FPSO Limited (No 6) * AED Oil Limited v Puffin FPSO Limited (No 5) * AED Oil Limited v Puffin FPSO Limited

agricultural_disputes

2017-07-30T08:06:17+00:00

Agricultural Disputes * Sugar Australia Pty Limited v Mackay Sugar Ltd * Sapphire (SA) Pty Ltd (t/as River City Grain) v Barry Smith Grains Pty Ltd (in liq) Agricultural Dispute Appointing Organisations * Federation of Oils, Seeds and Fats Associations * Grain and Feed Trade Association

anti-suit_injunction

2017-07-30T08:06:17+00:00

S120/1996 [1997] HCATrans 303

aon

2017-07-30T08:06:17+00:00

Aon Risk Services Australia Limited v Australian National University * Aon Risk Services Australia Limited v Australian National University [2009] HCA 27

appeal_of_an_expert_determination

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Legal & General Life of Aust Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314

apple_claims_in_dispute

2017-07-30T08:06:17+00:00

Claim 6 of Australian Standard Patent No 2005246219, entitled “Multipoint touchscreen” (the Touch Screen Patent) 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 compr…

appointment

2017-07-30T08:06:18+00:00

How is an arbitrator appointed? 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.

arbitration

2017-07-30T08:06:18+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.

arbitration_rules

2017-07-30T08:06:18+00:00

Arbitration Rules * Which arbitration rules are used to resolve disputes is a matter of express or implied 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? * Once the seat is determined the relevant contract should then be construed for the governing law. eg

arbitrationadvantages

2017-07-30T08:06:18+00:00

What are the key advantages of Arbitration? 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:

arbitrationsteps

2017-07-30T08:06:18+00:00

Arbitration Steps * 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 Interesting Articles about case management * July 10, 2011 - Judicial intervention and caseflow management - Steven Rares

arbitrator

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Appointment of the Arbitrator * Before a dispute arises * After a dispute arises

arbitrator_to_decide_according_to_law_or_fairness

2017-07-30T08:06:19+00:00

Legislation * Commercial Arbitration Act 1984 (Vic), s22, Arbitrator to decide according to law or fairness? Cases 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 …

award

2017-07-30T08:06:19+00:00

Award * 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.

barclay_s_dispute_clause

2017-07-30T08:06:19+00:00

Barclay's Dispute Clause 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,

bias

2017-07-30T08:06:19+00:00

Can an arbitrator or expert once appointed be removed? Cases * McGrath v McGrath * CONTRACT - expert determination clause - general principles - expert's discretion regarding process of valuation * BIAS - expert determination clause - actual bias - heavy onus on party alleging bias - communications prior to formal appointment

building_arbitrations

2017-07-30T08:06:19+00:00

[2010] NSWSC 1344

calderbank

2017-07-30T08:06:19+00:00

Calderbank Offers in an arbitral context * 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

can_an_expert_determination_determine_a_claim_to_rectify_a_contract

2017-07-30T08:06:19+00:00

Can an Expert Determination determine a claim to rectify a Contract? Arguably yes. See Dance with Mr D Limited v Dirty Dancing Investments Pty Ltd

can_an_expert_determination_determine_quantum_merit_claims

2017-07-30T08:06:19+00:00

Can an expert determination determine Quantum Merit claims? * Subject to an appropriate clause, yes.

can_an_expert_determination_determine_the_correct_construction_of_an_agreement

2017-07-30T08:06:19+00:00

Can an Expert Determination determine the correct construction of an Agreement? Yes, depending on the scope of what the expert is to determine. In our experience, the starting point for any expert determination is the determination of the correct construction of the agreement as to the task, powers and methods to be adopted by the expert.

can_an_expert_determination_determine_trade_practices_claims

2017-07-30T08:06:19+00:00

Can an Expert Determination determine Australian Competition and Consumer Law claims * In limited cases, an expert determination can determine the rights of the parties under the Australian Competition and Consumer Law Act. * The claims it can determine are inter parties claims which are to be determined pursuant to the written arbitration agreement.

can_an_expert_determination_determine_variation_and_time_extension_claims

2017-07-30T08:06:20+00:00

Can an Expert Determination determine whether change requests are correctly claimed from a scope, quantum and extension of time perspective Yes, depending on the scope of what the expert is engaged to determine. We have substantial experience in dealing with complicated technical projects (for both hardware and software architectures) and the usual complicated interlocking change requests, the calculation of the correct quantum for such change requests any consequential extensions of time whic…

can_the_court_intervene_in_procedural_decisions_of_a_tribunal

2017-07-30T08:06:20+00:00

Can the Court intervene in procedural decisions of a Tribunal? The ability of a Court to intervene in any arbitral process is under the new UNICTRAL model limited. Cases * Arnwell Pty Ltd v Teilaboot Pty Ltd & Ors

cases

2017-07-30T08:06:20+00:00

Reported Arbitrations based on Industry * Building Arbitrations * Energy Arbitrations * Domain Name Disputes * Mining Disputes * Telecommunications Arbitrations * Insurance Disputes * Shipping Disputes * Agricultural Disputes * Trust Disputes * Maritime and Transport Disputes More information * Cases in relation to the enforcement of a Foreign Award * cases in relation to the enforcement of Domestic Award

castel

2017-07-30T08:06:20+00:00

Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd * Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd

coaching

2017-07-30T08:06:20+00:00

Coaching * 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 pote…

contact

2017-07-30T08:06:20+00:00

Technology Arbitrators, Expert Determiners and Mediators 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

costs

2017-07-30T08:06:20+00:00

Costs in Expert Determinations The costs payable in an expert determination are determined in accordance with the agreement between the parties.

discovery

2017-07-30T08:06:20+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

does_an_expert_determination_have_to_give_reasons_for_its_decision

2017-07-30T08:06:20+00:00

Does an Expert Determination have to give reasons for its decision? Our Practice The level of detail required to be given in a expert determination depends on the written instrument pursuant to which the expert determination is conducted. Our practice is to comply with those requirements were expressly stated and where the agreement is silent on the issue we ordinarily give detailed reasons.

domain_name_disputes

2017-07-30T08:06:20+00:00

Domain Name Disputes * ICANN Uniform Domain Name Dispute Resolution Policy * WIPO Domain Name Decisions * American Arbitration Association Archive * auDRP Proceedings Archive Uniform Domain-Name Dispute Resolution Policy (UDRP) fees * Asian Domain Name Dispute Resolution Centre * Czech Arbitration Court * National Arbitration Forum * World Intellectual Property Organisation News * June 20, 2011 - ICANN approves new top level domains Articles * Vovlo * Safe Guard

electra_dispute_clause

2017-07-30T08:06:21+00:00

Electra Dispute Clause 20. Dispute Resolution 20.1 If at any time there is a dispute, question or difference of opinion ("Dispute") between the parties concerning or arising out of this Agreement or its construction, meaning, operation or effect or concerning the rights, duties or liabilities of any party, one party may serve a written notice on the other party setting out details of the Dispute. Thereafter: (a) senior management of each party will try to resolve the Dispute through friendly…

empire_glass_and_aluminium_pty_ltd_v_lipman_pty_ltd

2017-07-30T08:06:21+00:00

* Empire Glass and Aluminium Pty Ltd v Lipman Pty Ltd * litigation allowed in relation to expert determination decision * cf lipman_pty_ltd_v_emergency_services_superannuation_board

energy_arbitrations

2017-07-30T08:06:21+00:00

Published Energy Arbitration Awards Please note that published awards are rare as ordinarily an arbitration is confidential and not published. * Australian Energy Regulator 2011 * 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 2010 * AGL Hydro Partnership (ABN 86 076 691 481) (AGL) and Australian Ene…

enforcement

2017-07-30T08:06:21+00:00

Enforcement * 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 More Information * Can awards of an domestic arbitral tribunal be enforced in Australia? *

enforcement_of_an_arbitration_award

2017-07-30T08:06:21+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…

enforcement_of_an_arbitration_clause

2017-07-30T08:06:21+00:00

Enforcement of an Arbitration Clause * An agreement to arbitrate is in most cases enforceable. Please see the cases below for more information. Related Material * Enforcement of an expert determination clause * Anti-suit injunction 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 proceed…

enforcement_of_an_domestic_arbitration_award

2017-07-30T08:06:21+00:00

[2011] NSWSC 1331

enforcement_of_an_expert_determination_clause

2017-07-30T08:06:21+00:00

Enforcement of an expert determination clause Related Material * Enforcement of arbitration clause * Anti-suit Injunction * 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 Expert Determination Rules * IAMA Expert Determination Rules Cases 2017 * Raskin v Mediterranean Olives Estate Limited & Ors * Whether clause a submissio…

entering_the_reference

2017-07-30T08:06:22+00:00

Entering into the Reference * 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.

events

2017-07-30T08:06:22+00:00

Upcoming and past events * 28 May 2013: “Conflict resolution case study – contrasting different determinative approaches” * For more details please see . * 3 December 2012: Australian Cybercrime Summit 2012 * For more details please see

expert_determination_rules

2017-07-30T08:06:22+00:00

Expert Determination Rules * Australian Disputes Centre Clauses and Rules * IAMA Expert Determination Rules * Law Society Rules and Agreement for Expert Determination

expert_evidence

2017-07-30T08:06:22+00:00

Expert Evidence Interesting Cases 2012 * Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (formerly SC Land Richmond Pty Ltd) & Ors 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

expertadvantages

2017-07-30T08:06:22+00:00

What are your expert determination services? 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.

fa_arbitration_rules

2017-07-30T08:06:22+00:00

FA Arbitration Rules “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.delete

2017-07-30T08:06:22+00:00

Unless expressly stated otherwise, the fees are exclusive of all taxes, duties, fees or other government levies or charges, including without limitation any GST, stamp duty or otherwise, which may be imposed on or in respect of the fees or the services provided.

2017-07-30T08:06:25+00:00

Arbitration News 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 2010 * August 7, 2010 -The Arbitration Division of the Supreme Court of Vic…

2017-07-30T08:06:25+00:00

Newsletter We discuss various expert determination decisions in our email newsletter. If you would like to subscribe to our newsletter, please e-mail us.

newzealandarbitrationlegislation

2017-07-30T08:06:25+00:00

New Zealand Arbitration Legislation * Arbitration Act 1996 (NZ) * Arbitration Amendment Act 1998 * Arbitration (International Investment Disputes) Act 1979 * Arbitration (International Investment Disputes) Amendment Act 2000 * Arbitration Amendment Act 2007

nsw

2017-07-30T08:06:25+00:00

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

nt

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Northern Territory Arbitration Legislation * Commercial Arbitration (National Uniform Legislation) Act 2011 (No 23 Of 2011) * Commercial Arbitration Act (NT)

outsidetime

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Can an Arbitration proceeding be commenced outside the time prescribed under the Agreement? * Not easily * Article 5 of the Uncitral Model Law on arbitration significantly limits any Court invention in arbitral proceedings. Legislation * Arbitration Act 1996 (England & Wales), s12

parol_evidence_rule

2017-07-30T08:06:25+00:00

Parole Evidence Rule * 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

party

2017-07-30T08:06:25+00:00

Party/Party Basis * 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. See also * Solicitor/Client Costs * Indemnity Costs * Calderbank Offers

peremptory_order

2017-07-30T08:06:25+00:00

Peremptory Order 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

2017-07-30T08:06:25+00:00

What powers does an Arbitral Tribunal have? * 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

preliminary_conference

2017-07-30T08:06:26+00:00

Preliminary Conference * 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.

preparation_for_hearing

2017-07-30T08:06:26+00:00

Preparation for Hearing * 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.

privacy

2017-07-30T08:06:26+00:00

Is an expert determination process confidential? Depending on the terms of any agreement between the parties (or a specific statutory duty to publish same) expert determinations are usual confidential. Relevant Rules * ACDC Expert Determination Rules * IAMA Expert Determination Rules

proportionateliability

2017-07-30T08:06:26+00:00

Is it possible to contract out of the proportionate liability legislation? * 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

qld

2017-07-30T08:06:26+00:00

Queensland Arbitration Legislation * Commercial Arbitration Act 1990 (Qld)

rizhao

2017-07-30T08:06:26+00:00

Rizhao Steel Holding Group Co Ltd v Koolan Iron Ore Pty Ltd * Rizhao Steel Holding Group Co Ltd v Koolan Iron Ore Pty Ltd * International Commercial Arbitration - Appeal from application to enforce an award as a judgment - Whether leave to appeal required - Whether primary judge's decision final or interlocutory - Whether appropriate Act the International Arbitration Act 1974 (Cth) or Commercial Arbitration Act 1985 (WA) - Where primary judge purported to grant enforcement of award under t…

sa

2017-07-30T08:06:26+00:00

South Australian Arbitration Legislation * Commercial Arbitration Act 2011 (SA) * Commercial Arbitration Act 2011 (No 32 Of 2011) * Commercial Arbitration Act 1986 (SA) * National Electricity (South Australia) Act 1996 (SA)

safeguard

2017-07-30T08:06:26+00:00

Technology Arbitrators, Expert Determiners and Mediators Intellectual Property, Information Technology & Telecommunications Newsletter August 2006 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

2017-07-30T08:06:26+00:00

Alternative Dispute Resolution Clause Examples Examples of some suitable clauses are: Original Supply Agreement Example 1 (AUS) (Recommended) 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.

shelltime4_dispute_clause

2017-07-30T08:06:27+00:00

Shelltime 4 Clause 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

2017-07-30T08:06:27+00:00

Shipping Disputes * Dampskibsselskabet Nordon A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696 * Aggarao v MOL Ship Management Co. Ltd * Glencore International AG v Exeter Shipping Ltd * Star Reefers Pool Inc. v JFC Group Co. Ltd

sidebar

2017-07-30T08:06:27+00:00

About us * Who is Technology Arbitrators, Expert Determiners and Mediators? * Mr White's Reported Decisions * Locations * Expert Determination services * Advantages of expert determination * Fees * Differences between arbitration and expert determination Scope of Expert Determinations * Trade Practices claims * Quantum Merit claims * Contract rectification * Contract interpretation claims * Variation claims and time extensions Rules and clauses * Expert Determinati…

singapore

2017-07-30T08:06:27+00:00

Singapore Arbitration Legislation * International Arbitration (Amendment) Bill * Foreign Limitation Periods Bill

solicitorclient

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Solicitor Client Costs * Only Tasmania and Victoria make specific provision for the award of costs against a litigant on a solicitor and client basis Commonwealth * Not available, see Federal Court Rule 40.1 and Federal Court Rule 40.2 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

start

2017-07-30T08:06:27+00:00

Who is Technology Arbitrators, Expert Determiners and Mediators? Technology Arbitrators, Expert Determiners and Mediators provides: * mediation; * expert determination; * early neutral evaluation; and * arbitration services for * Information Technology, * Intellectual Property * Telecommunications and * commercial disputes. Our principal arbitrator, mediator and expert determiner is

stop_clock

2017-07-30T08:06:27+00:00

Stop Clock Hearing * Stop Clock Hearing Procedures in Arbitration, - Monichino, Albert A Stop Clock Legislation * 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 o…

tas

2017-07-30T08:06:27+00:00

Tasmanian Arbitration Legislation * Commercial Arbitration Act 1986 (Tas) * Commercial Arbitration Act 2011 (No. 13 Of 2011) * Commercial Arbitration (Consequential Amendments) Act 2011 (No. 9 Of 2011)

tclarbitration

2017-07-30T08:06:27+00:00

TCL Arbitration 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

2017-07-30T08:06:28+00:00

Telecommunications Arbitration Legislation 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

the_admissibility_of_evidence_pre-hearing_compared_with_hearing

2017-07-30T08:06:28+00:00

The admissibility of evidence pre-hearing compared with hearing 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.

trust_disputes

2017-07-30T08:06:28+00:00

Trust Disputes * Welker & Ors v Rinehart & Anor (No 2) * Rinehart v Welker

txengagementsheet

2017-07-30T08:06:28+00:00

TXA Expert Engagement Sheet 14. The Term Sheet contained the following terms relating to the role of the Expert: i. The Expert will act as an expert in determining, in his/her opinion, an Initial Fee on Renewal for the Standby Agreements according to the expert's business judgement and commercial acumen and consistently with the terms of the Agreements.

uganda_case_arbitration_clause

2017-07-30T08:06:28+00:00

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

2017-07-30T08:06:28+00:00

Undertaking for Damages Federal Court * 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…

united_kingdom

2017-07-30T08:06:28+00:00

United Kingdom (UK) Arbitration Legislation * Arbitration Act 1996 (UK) More Information *

use_of_documents_obtained_in_litigation

2017-07-30T08:06:29+00:00

Use of Documents Obtained in litigation * 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

2017-07-30T08:06:28+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.

usebefore

2017-07-30T08:06:28+00:00

How to ensure that arbitration is used to resolve your dispute 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. *

venue

2017-07-30T08:06:29+00:00

Venue of the Arbitration * This is where the dispute is heard. * 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):

vic

2017-07-30T08:06:29+00:00

Victorian Arbitration Legislation * Commercial Arbitration Act 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) * Hansard - Legislative Assembly - 15 September 2011 (3319) * Hansard - Legislative Council - 13 October 2…

vovlo

2017-07-30T08:06:29+00:00

Technology Arbitrators, Expert Determiners and Mediators Intellectual Property, Information Technology & Telecommunications Newsletter July 2006 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 app…

wa

2017-07-30T08:06:29+00:00

Western Australian Commercial Arbitration Legislation * Commercial Arbitration Act 2012 (WA) * Commercial Arbitration Act 1985 (WA)

westport

2017-07-30T08:06:29+00:00

Westport Insurance Corporation v Gordian Runoff Limited * Westport Insurance Corporation v Gordian Runoff Limited French CJ, Gummow, Crennan and Bell JJ * The arbitration proceeded before a panel of three arbitrators upon a set of detailed pleadings which extended to more than 60 pages.

what_is_the_difference_between_an_arbitration_and_an_expert_determination

2017-07-30T08:06:29+00:00

What is the difference between an arbitration and an expert determination? General Principle In Re Dawdy and HartcupLord Mustill said: It has been held that if a man is, on account of his skill in such matters, appointed to make a valuation, in such manner that in making it he may, in accordance with the appointment, decide solely by the use of his eyes, his knowledge and his skill, he is not acting judicially: he is using the skill of a valuer, not of a judge. In the same way, if two person…

what_is_the_seat_of_the_arbitration

2017-07-30T08:06:29+00:00

What is the seat of the arbitration? Each country has its own procedural rules and which country's rules apply is determined by the parties agreeing as to the seat of the arbitration. It is sometimes called the place of the arbitration and sometimes called the

whoistam

2017-07-30T08:06:29+00:00

without_prejudice_privilege

2017-07-30T08:06:30+00:00

What is "Without Prejudice" Privilege? Legislation * Evidence Act 1995 (NSW), s131 * Evidence Act 2008 (Vic) * Civil Procedure Act 2010 (VIC), s67 Cases * Gippsreal Ltd v Action Cycles Pty Ltd & Ors * Privilege waived in relation to, amongst other things, a deed of settlement * 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 …