find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Commercial arbitration to bridge Middle East divide

Commercial arbitration to bridge Middle East divide

Clayton Utz hosted a meeting of high-profile Palestinian and Israeli lawyers to discuss a historic commercial dispute resolution initiative for the troubled region.

On Tuesday (30 July), former judge and ABC chairman, the Hon. James Spigelman, chaired a panel of legal and commercial experts from Israel and Palestine who have been instrumental in the development of the Jerusalem Arbitration Center (JAC).

Adam Butt, a Clayton Utz senior associate and the event’s principal organiser, told Lawyers Weekly that he invited the delegation to Australia to put JAC on the radar of the legal community.

“The event was intended to build relationships, promote trade and investment, and to highlight the benefits that international arbitration can have as a conflict resolution tool.”

JAC was formed out of a joint-venture agreement between the International Chambers of Commerce (ICC) in Israel and Palestine. The arbitration venue in east Jerusalem will launch in November and only hear commercial disputes between Palestinian and Israeli businesses.

Mazen Qupty, principal of Qupty Law Firm and head of the legal team at ICC Palestine, told the audience of lawyers, including senior judicial figures, that JAC will provide a neutral seat to settle disputes arising from business trade between Israel and Palestine. Bilateral trade between the countries is estimated to be worth four to five billion US dollars every year.

Qupty claimed political tensions in the region have created numerous challenges to effective and, importantly, fair dispute resolution.

“Under JAC, the most important thing is fair play,” he said. “Until now it wasn’t fair play, at least on the Palestinian side.”

He explained that Palestinian businesses are currently forced to resolve disputes in Israeli courts, which they may view as unfavourable. “There is a full lack of trust in the Israeli court system,” he added.

Israeli businesses are also disadvantaged under the current regime, Qupty continued. Despite attempts in the 1993 Oslo Accords to provide mechanisms for the mutual recognition of judicial decisions and rulings, it is virtually impossible to enforce court decisions in Palestinian areas, he said.

The legal framework for JAC, which aims to provide an impartial, enforceable and cost-effective means of resolving commercial disputes, is now in place. Qupty admitted, however, that implementation will prove the greater challenge.

“The hard work will come in the second stage, when we start implementing our agreement,” he said.

“I don’t think it will be easy ... but I have no doubt it will be successful because this project is for the benefit of both sides, not only from the business community but also both Israeli and Palestinian governments, [which] are backing this project.”

Oren Shachor, president of ICC Israel, and Tom Misgav, director general of ICC Israel National Committee, 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

Commercial arbitration to bridge Middle East divide
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
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'...
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...
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 & ...