This is an online event series hosted by CIArb’s YMG, taking place on 24 and 25 March 2021. These events are part of the Australia and New Zealand leg of the CIArb YMG World Tour 2021. These events takes place at 1.00pm AEDT (Sydney time), 2.00am GMT, please check your local time zone.
WEEK 10, AUSTRALIA AND NEW ZEALAND: Week 10, Australia and New Zealand, features two interactive lunchtime panel discussions with diverse leading experts in arbitration and mediation under the following topics:
Further details on the individual events can be found below.
Cost(s): Attendance to this online event is free, however pre-registration is required.
Session 1: The Here and Now: ADR Trends in Australia and New Zealand
The pandemic has thrown up a panoply of issues, challenges and opportunities. Hear from a panel of experts that will tackle the big questions and identify the trends: What post initial-pandemic ADR initiatives, patterns, developments have taken place within the region? Has the interplay of legislation, courts and ADR been altered as a result of the pandemic? How is ADR viewed within the region by the public, users, courts and academia? What steps have been taken, broadly, within the region to address cyber security? Is due process a concern in the region for ADR and ADR online proceedings? What is the state of play and implications for third party funding in the region?
Session 2: Appeals in arbitration – to be or not to be?
The final and binding nature of arbitration and the lack of an appeal process has traditionally been one of the contrasting (and lauded) features of arbitration when compared to litigation. However, the reality is more nuanced: in Australia, domestic arbitration legislation permits appeals on a point of law in limited circumstances, as does the NZ Arbitration Act; additionally, in New Zealand, the AMINZ Arbitration Appeal Rules have been in place for some time; and in investor-state ICSID arbitrations there is the annulment process. Within the arbitration community there is increasing discussion and enthusiasm for broader appeal rights in arbitration, but equally strong opposition from other members of the community to such change. There is also general uncertainty as to how it may be implemented and interact with existing processes. Our panel of experts will share and debate their views from the unique perspectives of in-house, private practice, tribunal members, institutions and the courts.
Julia Dreosti FCIArb, Principal, Lipman Karas
Kristian Maley FCIArb, Senior Associate, Clifford Chance, and Chair of CIArb Australia YMG
CIArb is proud to collaborate with the following ADR institutions in the production of this event:
Julia Dreosti, Principal, Lipman Karas
Julia Dreosti is a Principal at Lipman Karas, a specialist investigative dispute resolution firm.
Julia has represented clients in commercial disputes, including ad hoc and institutional arbitrations across a range of industries including energy & resources, infrastructure, construction, defence, government, financial services and corporates. Many of her cases involve disputes in multiple jurisdictions, and her approach to these disputes is enhanced by her experiences working in Asia and Europe, and her common law and civil law qualifications. She is Australian law-qualified, with a Masters in French Law and European Community Law from Paris 1 (Pantheon-Sorbonne).
She has advised and represented clients with respect to arbitrations under various institutional rules (ACICA, HKIAC, ICC, LCIA, UNCITRAL and SIAC) and ad hoc arbitrations. She advises on interim and enforcement measures in support of arbitral proceedings in Australia and Asia.
Julia joined Lipman Karas in 2014 having worked with global law firms in Sydney, Paris and Singapore.
Julia is one of the Australian representatives to the ICC Commission on Arbitration and ADR. She is also a member of the ACICA Practice and Procedures Board, and the ACICA Rules Committee, and is a Fellow of the Chartered Institute of Arbitrators.
Kristian Maley, Senior Associate, Clifford Chance, and Chair of CIArb Australia YMG
Kristian is a Senior Associate in our Litigation, Dispute Resolution and Risk Management group in Australia.
Kristian's practice focuses on resolving construction disputes on major projects across the mining, oil and gas, building, and infrastructure sectors. His experience extends to all major forms of dispute resolution, as well as assisting owners and contractors with contract and claims management.
Amber Williams, Chief Executive Officer, Resolution Institute, Australia
Amber Williams is the Chief Executive Officer of Resolution Institute. Resolution Institute is the leading membership organisation of alternative dispute resolution (ADR) practitioners in Asia Pacific, with members practicing in adjudication, arbitration, mediation, expert determination, conciliation and restorative justice and has a membership base of over 3,000 professionals.
Amber’s role as CEO is to work with the Board in setting and delivering the strategic direction of Resolution Institute, and to work in the interests of members to grow services and expand the profile of Resolution Institute and dispute resolution within the community.
Amber is an experienced executive with a diverse background in both the private and public sectors. Prior to her appointment at Resolution Institute, she was the inaugural Chief Executive Officer of the New South Wales Law Enforcement Conduct Commission having led the development and establishment of that Agency, and the Chief Human Resources Officer for the New South Wales Department of Justice where her responsibilities included the operational delivery of significant business projects, government reforms and workplace changes across the Justice Cluster of Agencies.
Before joining the NSW Government, Amber held a number of roles in the private sector across the health and fast-moving consumer goods sectors.
Amber's holds a Master of Human Resource Management and Industrial Relations from University of Sydney, and a Bachelor of Arts (Psychology) from Macquarie University. She is a certified member of the Australian Human Resources Institute and a member of the Australian Institute of Company Directors.
Deborah Tomkinson FCIArb, ACICA
Deborah Tomkinson is the Secretary General of the Australian Centre for International Commercial Arbitration (ACICA). Deborah joined ACICA from private practice in 2012, having previously specialised in commercial dispute resolution in the energy, projects and construction and infrastructure industries at a number of top tier law firms in Australia and the United Arab Emirates. Deborah is responsible for the overall management and operations of ACICA and oversees the ACICA Secretariat in the provision of case management services.
Deborah is a Fellow of the Chartered Institute of Arbitrators.
Joshua Paffey, Head of Arbitration, Corrs Chambers Westgarth
Joshua is a specialist in company-critical, complex arbitrations and litigation. He represents clients in significant commercial, trade and commerce, energy and resources, oil and gas, and infrastructure-related disputes in Australia and overseas, including cross-border investment disputes.
Joshua’s clients include listed and private companies, project owners and sponsors, EPC contractors, commodity traders, governments and government-owned corporations from Australia, Asia, UK, Europe, US and South America.
Joshua lectures on International Commercial Arbitration to university law students. He also is a director of the Australian Centre for International Commercial Arbitration (ACICA) and the Chair of the ACICA Queensland State Committee.
Oliver Gayner, Senior Investment Manager, Omni Bridgeway
Oliver is a highly experienced funder with an international practice involving investments in multiple jurisdictions across APAC and EMEA in dispute finance and strategic services covering arbitration, multi-party claims, insolvency, M&A and joint venture disputes, securities litigation, antitrust, fraud, environmental tort, and international enforcement.
Before joining Omni Bridgeway, Oliver was a Litigation Funding Manager at Burford Capital and worked in private practice as dispute resolution lawyer with Freshfields Bruckhaus Deringer and Olswang in London. Oliver is most recently recognised in Who’s Who Legal: Thought Leaders – Third Party Funding 2020 Guide and Lawdragon Global Restructuring Advisors & Consultants Guide (2020).
Sue Wells, Executive Director, AMINZ
Sue Wells is the Executive Director of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). AMINZ is New Zealand’s leading membership organisation for ADR practitioners, with over 1500 members who practice and study all forms of ADR. AMINZ has a number of specialist panels and lists for particular disciplines, including Arbitration, Adjudication, Conciliation, Mediation, and Expert Determination. Members’ areas of practice range from Family Dispute Resolution to Sharemilking Conciliation, Employment to International Arbitration.
Sue’s role as Executive Director is to breath life into the Board’s strategic vision for the Institute, through developing a strong, nimble, resilient administrative that is fit for purpose in the modern environment. She is enjoying building strong connections within the dispute resolution community both around New Zealand and with CIArb, with whom AMINZ enjoys a reciprocity agreement. The key connector for AMINZ this year is the conference, planned for August 5-7 2021 in Rotorua, New Zealand, which will hopefully be a face to face event.
Sue has significant experience in leadership in complex environments and changing times. A former Christchurch City Councillor from 1998-2013, she led the city’s Planning and Regulatory Committee including during the Canterbury Earthquake Sequence. A professional director since 2001, she has sat on the Audit and Risk committee of multiple companies and trusts, and is a long-time chartered member of the Institute of Directors of New Zealand. A resource management planner, she is an Associate of the Planning Institute of New Zealand and a Resource Management Act Commissioner (Chair). Sue’s facilitation and training skills and passion for local government are still sought by councils who want help to get things done.
Sue’s previous career was in broadcasting, working in radio, and then in television with CTV (Christchurch).
Sue has a BA in English and French from the University of Canterbury – she is a fluent French speaker and also studied at the Alliance Française in Paris.
Erika Williams FCIArb is a leading international arbitration practitioner having acted in some of Australia’s largest disputes resolved through arbitration. Erika is experienced in commercial, construction and investment arbitration and has acted in arbitrations under various arbitral institutions including ACICA, LCIA, ICC, SIAC, CIETAC and JCAA.
In addition, Erika has a broad range of general commercial litigation experience, particularly in relation to cross-border disputes, from commencing proceedings and interlocutory actions through to full trials and appeals, including all the way to the High Court of Australia.
Erika has acted for a range of clients, including individuals, small and large business, major Australian public companies and multinational corporations across a broad range of sectors including energy, resources and renewables, construction and technology.
Erika now provides consultancy services to in-house counsel and firms involved in arbitration and cross-border litigation. Her consultancy services include:
providing in-house counsel and firms that may not have specialist arbitration capabilities with the expert arbitration knowledge required to advise clients in relation to arbitration and to take matters through arbitral proceedings; and
assisting in-house counsel and firms involved in large scale arbitration or litigation proceedings when an extra set of experienced hands are needed.
Erika is also on the arbitrator panels of leading arbitral institutions including the Chartered Institute of Arbitrators, the Australian Centre for International Commercial Arbitration, the Resolution Institute and the Queensland Law Society and accepts arbitrator and tribunal secretary appointments.
The Hon Dr Annabelle Bennett AC SC
The Honourable Dr Annabelle Bennett AC SC is a retired Judge of the Federal Court of Australia and was an additional judge of the Supreme Court of the ACT, and a Deputy President of the Administrative Appeals Tribunal, having previously practised as a Senior Counsel specialising in intellectual property. She is currently Chancellor of Bond University; the Chair of the Australian Nuclear Science and Technology Organisation (ANSTO), an Arbitrator of the Court of Arbitration for Sport; President (part time) of the Anti-Discrimination Board of NSW; Member of the Board of Directors of the Garvan Institute; Chair of Gardior Pty Limited; Member and past President of Chief Executive Women; Chair of the Advisory Group of Judges to the World Intellectual Property Organisation; and Member of the Advisory Board of the Faculty of Law at The Chinese University of Hong Kong. She has also served as a Commissioner with the NSW Law Reform Commission and as a Royal Commissioner into National Natural Disaster Arrangements.
Dr Bennett is a Member of the International Centre for Settlement of Investment Disputes Panel of Arbitrators (ICSID), a Member of the WIPO Mediation and Arbitration List of Neutrals and a Member of the indicative List of Government and Non-Governmental Panellists for the World Trade Organisation (WTO) Disputes Settlement Process.
Hon Paul Heath QC C.Arb FCIArb, Arbitrator, Mediator
Hon Paul Heath QC was called to the New Zealand Bar in 1978, practised as a barrister and solicitor until 1998, when he was appointed Queen’s Counsel. In March 2002, after serving for five years as a consultant and member of the New Zealand Law Commission, Paul was appointed as a Judge of the High Court of New Zealand. Between 2003 and 2017, he sat as an ad hoc member of the Court of Appeal on numerous occasions. Paul retired from the Bench in April 2018, when he joined Bankside Chambers. He is also an Associate at South Square in London, the leading set of insolvency and restructuring chambers.
Paul practises primarily as an arbitrator, both in domestic and international arbitrations. He also provides commercial mediation services and strategic advice in complex disputes, particularly in his specialist field of insolvency and restructuring. Paul is the co-consulting editor of Heath & Whale on Insolvency. He is one of 10 members of Bankside Chambers who also have rooms at Maxwell Chambers in Singapore.
Paul’s specialist area of insolvency practice is cross border insolvency. He was New Zealand’s delegate to Working Group V of the United Nations Commission on International Trade Law and chaired two of its meetings when holding the position of Vice Chair. He has been involved in much judicial education in this area; most recently on assignments from the World Bank and INSOL International in both Mauritius and India. Paul has also been engaged by the Asian Development Bank as a consultant on court related projects in Myanmar and Sri Lanka.
Paul is currently President of the Court of Appeal of the Pitcairn Islands and a Judge of the Court of Appeal of Kiribati. He is on the Panel of Arbitrators for the Singapore International Arbitration Centre and the New Zealand International Arbitration Centre and a list member of the Hong Kong International Arbitration Centre. In June 2019, he was appointed as a member of P.R.I.M.E Finances Panel of Experts for Dispute Resolution.
Catherine Green ACIArb, Executive Director, NZIAC
Catherine is the Executive Director of the New Zealand International Arbitration Centre (NZIAC) as well as its related domestic registry services which cover a full spectrum of commercial (NZDRC), building and construction (Building Disputes Tribunal), and family and relationship disputes (FDR Centre). She also maintains a private practice as an arbitrator, adjudicator, and mediator taking appointments with respect to both commercial and construction disputes.
Catherine previously practiced as a commercial litigator both onshore and offshore in New Zealand, London, and the Cayman Islands, gaining extensive experience in a wide range of matters, involving fraud, insolvency, contractual, financial services, tax avoidance and regulatory issues. These matters have included acting for clients on a variety of commercial disputes across the globe covering the Asia-Pacific, Europe, the Middle East, the Americas, the Caribbean, and Africa.
Duncan Watson FCIArb, Partner, Quinn Emanuel
Duncan is a partner in Quinn Emanuel’s Hong Kong and Sydney offices (having also practiced in our London office). Duncan specialises in international arbitration, and is qualified in both Australia and England & Wales. Who’s Who Legal (2021) listed him as one of the nine “most highly regarded” young arbitration partners in the Asia Pacific, and quoted peers who described as “an exceptional adviser and advocate” and “certainly among the very best of his generation”. He was appointed Queen’s Counsel in the UK in late 2020.
Duncan has acted as counsel in international commercial and investment treaty arbitrations under most arbitral institutions and rules, including the UNCITRAL, ICSID, ICC, HKIAC, LCIA, ICDR, SCC, CAA, and SCAI. He represents clients in a broad array of industries, including private equity and financial services, energy and resources, manufacturing, infrastructure, and intellectual property. Duncan also sits as arbitrator; and is a Fellow of the Australian Centre for International Commercial Arbitration (ACICA), a member of the HKIAC’s List of Arbitrators, and a member of the KCAB’s Panel of International Arbitrators.
In 2018, Chambers & Partners noted Duncan’s “meticulous, detail-oriented approach”, and quoted a client as saying that, as an advocate, Duncan “commanded the stage and was a real star”. In 2019, it quoted interviewees as describing him as “very bright, hard-working and personable”, “quick, reactive and co-operative” and appreciates that “he always grasps the key issues”. In 2021, it noted his “very sharp legal mind” and described him as “a pleasure to work with.”
Russell Thirgood FCIArb, Independent International Arbitrator
Russell Thirgood is an independent international arbitrator based in Australia, with an office in London and Washington DC. He is a member of Int-Arb Arbitrators & Mediators after previously spending 23 years at Australian law firm, McCullough Robertson Lawyers, where he was a senior construction law partner and head of arbitration.
Russell is experienced in resolving complex and high value construction and infrastructure, energy and natural resources and commercial disputes. He has conducted cases throughout Australia, Asia, US, UK, Middle East, Africa and Europe under some of the key international and domestic institutional arbitral rules.
Russell is a NMAS Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators, Fellow of the Australian Centre for International Commercial Arbitration and Fellow and Grade One arbitrator of Resolution Institute. He is the Current Chair of Resolution Institute.
Sam Luttrell ACIArb, Partner, Clifford Chance
Sam is a Partner in the International Arbitration Group at Clifford Chance, based in Perth. His practice is focused on investment protection and investor-State dispute settlement in the energy and resources sector. In addition to his work representing resources companies in disputes with foreign governments, Sam assists in the negotiation of Host Government Agreements, investment guarantees and other forms of investor-State contracts for mining and petroleum projects.
Sam is ranked in Band 1 in Chambers Global and is widely published in the field of international investment law.
Brigid O’Neill is an English/French bilingual senior lawyer with 20 years’ experience in top tier law firms, government agencies and companies. She has significant expertise in leading complex projects, delivering strategic objectives and protecting clients’ interests. An exceptional negotiator, she boasts strong communication, analytical and lateral problem-solving skills.
After completing her studies in Australia and France, Brigid worked for top tier European and American law firms representing multinationals, sovereign governments and FTSE 50 corporates.
On return to Australia, Brigid led the SA Premier’s commercial/legal team reviewing investment projects and was asked to establish the funding and structure for Australia’s first proton therapy centre. Most recently, Brigid has been providing legal and commercial consulting to private and public entities which includes her providing an outsourced General Counsel role at the pre-eminent business advisory service Enterprise Corporation.
Brigid has extensive experience in both the public and private sectors for public tenders or private procurement and indeed contract resets or reviews. This includes deal structuring as well as the negotiation and drafting of complex suites of agreements. Brigid is adept at using waterfall, agile or collaborative contracting principles as well as ensuring back to back obligations mapping through the contract life cycle and supply chain.
Experienced in leading project delivery, Brigid has chaired numerous steering committees and project task forces to deliver recommendations and deliverables. She has also led contracts in delivery phase from operational roles and advised companies on legal matters for operational projects and new business.
Brigid has represented sovereign governments, multi-nationals, high net worth individuals and FTSE/ASX companies in numerous international arbitrations or before the courts. She has had conduct of proceedings in jurisdictions globally and as such, also has experience of conflict of laws, anti-suit injunctions, multi-party actions, jurisdictional challenges, enforcement and tracing of assets.