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David Bateson  (炳辰)
Paul Starr  (保羅仕達)

27 May 2008

IN BRIEF

Mallesons in GAR top 100

Mallesons was named in the Global Arbitration Reviews Top 100 firms having international arbitration capabilities and is the only Australian law firm to have made it to the first edition of this approved list of firms having the qualities of arbitral specialisation. Mallesons’ partners, Peter Megens, Max Bonnell, Paul Starr, Jennifer Lee-Shoy, Christopher Tung and Jonathan Kay-Hoyle, were named for their expertise in international arbitration matters and known industry reputation.

Revised Arbitration Rules and new Mediation Rules for the Beijing Arbitration Commission (BAC)

The BAC's newly revised Arbitration Rules commenced operation on 1 April 2008. In addition, the BAC's brand new Mediation Rules also take effect from that date.

As BAC Secretary-General Madame Wang Hongsong stated in Stockholm on 18 April 2008, the Mediation Rules represent 'a chance to further the field of Chinese dispute resolution by incorporating some important international standards.' In reference to the new version of the Arbitration Rules, Madame Wang highlighted the ability for parties to select arbitrators who are not on the BAC's ordinary panel for international cases (new Article 55(1)) and the ability to agree to increase remuneration for foreign arbitrators (new Article 55(4)) as two key features which have been incorporated. Both features, subject to confirmation by the BAC, provide parties with the opportunity to appoint international arbitrators.

The BAC, now nearly 13 years old, is a full service arbitral institution with a rapidly growing international caseload. The BAC's previous Arbitration Rules will continue to apply to disputes accepted by the BAC prior to 1 April, though the parties may agree to request use of the new version.

Report on the IAMA National Conference 11 to 14 April 2008

Mallesons’ partner, Simon Lee of the Perth office, delivered a presentation on challenging arbitration awards at the Institute of Arbitrators and Mediators’ annual conference titled “ADR: The Boom and Beyond, held in Perth, Western Australia. The conference focused on the future landscape for alternative dispute resolution in Western Australia and attracted a high proportion of active national and international mediators and arbitrators.

Australasian Form for International Arbitration

Mallesons’ Melbourne office hosted the Australasian Forum for International Arbitration (AFIA) Symposium on 21 April 2008, a round-table discussion about issues in International Arbitration. Simon Greenberg, Deputy Secretary General of the ICC International Court of Arbitration, presented to the symposium on the structure and operation of the ICC. Topics discussed by attendees included whether arbitral rules ought to give arbitrators the power to make orders for immediate penal costs, as a mechanism for controlling misbehaving parties. Peter Megens attended the symposium as a panellist and led a discussion about the public policy status of costs awards, and whether such awards can ever be contrary to public policy.

ICC developments in Asia

The International Chamber of Commerce (ICC) recently announced plans to open a branch of the Secretariat of its International Court of Arbitration in Hong Kong and locate the Director of ICC Arbitration and Amicable Dispute Resolution Asia in Singapore. With the Hong Kong branch secretariat, there will be a case management team to administer cases under the ICC Rules of Arbitration, which are currently administered by the ICC headquarters in Paris. In Singapore, the Director will open a liaison office dedicated to ICC Dispute Resolution Services. Both initiatives are due to be fully operational by the end of the year. These developments will increase the ICC's presence in Asia and provide more options for the growing number of arbitrations in the Asia Pacific region.

Peter Hillerstrom (Solicitor, Sydney) at the Arbitration Institute of the Stockholm Chamber of Commerce

Peter Hillerstrom (Solicitor, Sydney) recently returned from Stockholm where he undertook an internship at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).

The SCC Institute is one of the world’s leading arbitration institutions with a considerable case load, a lengthy history, and a very strong reputation. The SCC Institute’s facilities are used by international and Swedish companies alike, and it is also traditionally popular with Russian and other CIS parties. The SCC Institute has also been frequently used by China based companies. Further, on 18 April 2008 the Secretary-General of the SCC Institute and the Chairman of the Hong Kong International Arbitration Centre signed a cooperation agreement providing for mutual assistance with arbitrations held under the two institutions’ rules in their new partner's countries. The aim is to facilitate SCC arbitration in the Asia-Pacific region (and vice-versa).

The current version of the SCC Institute’s Arbitration Rules entered into force as of 1 January 2007. The rules are used both in commercial and in investment contexts. SCC Arbitration also represents one of the methods of dispute resolution provided for under the Energy Charter Treaty.

Peter, who works in Max Bonnell’s team, is a member of the Arbitration Association for Young Lawyers (SYJ), and is currently completing the Chartered Institute of Arbitrators’ Graduate Diploma in International Commercial Arbitration, run in association with the University of New South Wales.