Do you need to update your dispute resolution clauses?
Many commercial agreements include dispute resolution clauses which provide for the President of certain organisations to nominate an expert (or read more
Expert Determination
Refusal to sign expert’s retainer agreement will not derail Expert Determination process
When an expert is appointed to prepare a determination or a mediator is appointed to mediate a dispute, a retainer read more
Alleging bias against an expert? People in glass houses shouldn’t throw stones.
There are many reasons why parties provide for the determination of an issue by an independent expert. They usually come read more
Expert Determination Seminar: Your Essential Guide
On 3 September 2012, Troy Peisley is presenting a seminar to practitioners on the topic of Expert Determination. See the read more
Blended mediation: Using facilitative and evaluative approaches to commercial disputes (2012) 23 ADRJ 26
My paper titled Blended mediation: Using facilitative and evaluative approaches to commercial disputes appears in the February 2012 edition of read more
The Arbitration case of Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37
For those involved in domestic commercial arbitration, the recent High Court decision enlivens debate as to the finality of arbitration read more
Impugning Expert Determination (2011) 22 ADRJ 247
My paper titled Impugning expert determination: When does an error justify setting aside a determination? appears in the November 2011 read more
Awaiting on the High Court’s decision in Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011]
In February 2011, the High Court in Australia heard the case of Shoalhaven City Council v Firedam Civil Engineering Pty read more
The wait and see approach to dispute resolution
The NSW Attorney General, Greg Smith SC, announced on Tuesday, 23 August 2011, that the Government will postpone the introduction read more
Litigation reform: quo vadis?
The litigation game is about to be shaken up. New legislative reforms by the Federal government will change the way read more
