find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Lecture addresses past and looks to future of ADR

Lecture addresses past and looks to future of ADR

The impact of international arbitration, from mentions in Homer’s The Iliad up to its use in settling present-day disputes, was addressed at the 11th annual Clayton Utz International Arbitration Lecture at the Federal Court in Sydney on Tuesday night (13 November).

The impact of international arbitration, from mentions in Homer’s The Iliad up to its use in settling present-day disputes, was addressed at the 11th annual Clayton Utz International Arbitration Lecture at the Federal Court in Sydney on Tuesday night (13 November).

This year’s lecture was given by David W. Rivkin (pictured), a partner at Debevoise & Plimpton LLP in New York, one of the top international dispute resolution practitioners in the world and an incoming president of the International Bar Association (IBA), a position he will assume in 2015.

Rivkin addressed the subject of The impact of international arbitration on the rule of law.

“International arbitration has served as a major contributor to the rule of law,” he said “For literally millennia, business and states have relied on arbitration to resolve disputes.”

Rivkin said the success of international arbitration was “best measured by the number of contracts that include arbitration clauses”, and added that the success of the New York Convention was underlined by “repeated and so far unsuccessful attempts to conclude an international convention to enforce foreign judgements”.

He also addressed the debate about whether the details of commercial arbitration awards should be made public. He said one of the greatest attractions of arbitration was its confidentiality and added: “I personally feel the drawbacks of publication outweigh its potential advantages.

“I worry that if names of arbitrators were published they would feel compelled to ... do more than resolve the commercial dispute between them.

“[They may] try to develop the law or demonstrate their abilities as an arbitrator to future appointers.”

State of play

The areas of state-to-state arbitration and investor-state arbitration were also discussed, and Rivkin said he hoped “that in the future state-to-state arbitration will play a greater role in settling controversies between states”.

In the area of investor-state arbitration he stressed the importance of predictability and consistency”, but also cautioned against “slavish adherence” to previous precedence.

He discussed some of the criticisms of investor-state arbitration, including that arbitrators who come from a commercial background may be unsympathetic to non-commercial interests, but said he didn’t think these criticisms warranted the establishment of an appeal body for investor-state arbitrations as “it would raise at least as many problems as it would solve”.

Rivkin also expressed concern that “selection of panellists [on an appeal body] would be overwhelmed by political considerations ... quality and experience would not be the overwhelming factors in those selections”.

He added that the current system leaves the issue to the marketplace, with “arbitrators of insufficient quality ... ultimately appointed less often”.

Speaking to Lawyers Weekly before the event, Rivkin also acknowledged Australia’s growing impact in international ADR: “People are thinking about Australia more as a seat and it has all the benefits that one looks to in a good seat ... the one disadvantage is the distance ... but the distance is growing ever shorter these days.”

The lecture, which was presented by Clayton Utz and supported by the University of Sydney, was attended by around 200 people and was also broadcast live over the internet to interested parties around the world.

Professor Doug Jones AO, head of international arbitration at Clayton Utz, and Professor Greg Tolhurst, acting dean at Sydney Law School, also spoke at the event.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lecture addresses past and looks to future of ADR
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...