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David Bateson  (炳辰)
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21 November 2008

In Brief

Pathma Nagarajan appointed Chartered Arbitrator

Pathma Nagarajan, Senior Associate, has been appointed a Chartered Arbitrator by the Chartered Institute of Arbitrators. This rank is awarded to practitioners who complete rigorous academic and practical training and who satisfy a panel of peer reviewers of their experience and capability.

Mallesons lawyers presented at the Chartered Institute of Arbitrators (Australia) Diploma Course in International Commercial Arbitration in Kuala Lumpur, Malaysia

Mallesons partner Max Bonnell and Senior Associates Jonathan Kay Hoyle and Pathma Nagarajan all presented at the Diploma in International Arbitration Course held by the Chartered Institute of Arbitrators (Australia) and the Chartered Institute of Arbitrators (Malaysia) together with the University of New South Wales in Kuala Lumpur in June this year. Mallesons was a sponsor law firm and played host to the Malaysian Bar Council.

Max Bonnell and Jonathan Kay Hoyle addressed Malaysian members of the Bar and arbitrators on “International Arbitration, National Courts” at a presentation organised by the Malaysian Bar Council on 5 June 2008 at the Bar Council Auditorium in Kuala Lumpur.

Max Bonnell discussed the problems which arise from inconsistent approaches adopted in the national courts and arbitration in different jurisdictions of the Asia-Pacific region. The question of how practitioners may best approach issues relating to the application of mandatory national laws, jurisdiction and enforcement was also considered. Specific questions were discussed in the context of recent case-law from Australia, the Philippines, Hong Kong, India and Malaysia, including:

  • What happens when parties agree to apply one substantive law to their dispute, but the courts of another country determine that their own law cannot be excluded?
  • What approach do courts take in determining whether a particular dispute falls within the jurisdiction of the tribunal or the court?
  • How effectively do the courts enforce awards that are within the scope of the New York Convention, and what approach is taken to the issue of national "public policy ?"

ADR in Asia Conference, Hong Kong

On 12 September 2008, the Hong Kong International Arbitration Centre (HKIAC), together with the Hong Kong Corporate Counsel Association and the Inter-Pacific Bar Association held the “ADR in Asia Conference”. This conference focused on Arbitration and Mediation as global platforms for dispute resolution and was held at the Four Seasons Hotel, Hong Kong. The outgoing Secretary-General of the Hong Kong Arbitration Centre, Christopher To presented the opening address. Barrister Gary Soo has been appointed the new Secretary-General of HKIAC, effective 1 September 2008.

Mallesons was well-represented at the conference with partner David Bateson participating as a member of the panel discussing “Recent Trends in Construction Arbitration” and Senior Associate, Edmund Wan, a moderator for a Q&A session on “Confidentiality in Mediation”.

Hearing in London

Max Bonnell and Jonathan Kay Hoyle appeared for one of our Australian clients in an ICC arbitration in Geneva in May. The hearing was held at the offices of a Swiss law firm before a tribunal consisting of a Paris-based Australian lawyer, a Belgian lawyer and a Swiss lawyer.

The hearing was adjourned to July where Jonathan Kay Hoyle and Edwina Kwan (Solicitor, Sydney) appeared before the tribunal in Geneva.

International Council for Commercial Arbitration Conference, Dublin, June 2008

Max Bonnell, Peter Megens (Partner, Melbourne) and Jonathan Kay Hoyle recently attended the International Council for Commercial Arbitration (ICCA) annual conference in Dublin in June . This conference coincided with the 50th Anniversary of the New York Convention and was attended by International Commercial Arbitration practitioners from all over the world.

Presentation for Australian Centre for International Commercial Arbitration and the Western Australian Institute of Dispute Management, September 2008

On 9 September 2008, Peter Megens presented a paper on International Commercial Arbitration at a joint conference in Perth organised by the Australian Centre for International Commercial Arbitration and the Western Australian Institute of Dispute Management. The conference was attended by professionals practising international dispute resolution, CEOs and executives of organisations having the need for international dispute resolution services. It was hosted by Professor Gabriel Moens of Murdoch University.

International Bar Association (IBA), Buenos Aires, October 2008

Peter Megens and David Bateson attended the IBA Conference in Buenos Aires in October. The IBA Conference is the largest gathering of the international legal community in the world. This year's conference, as in previous years, offered an arbitration stream as well as streams for other practice areas. These streams allowed practitioners to cover the latest developments in international commercial arbitration, including Bilateral Investment Treaty arbitrations. The conference was well attended (4,500 delegates) and provided an interesting American, Latin American and European focused perspective on the practice of international commercial arbitration. This included canvassing new developments as relevant to those areas.

Upcoming Australian Centre for International Commercial Arbitration (ACICA) Conference in Sydney

On 21 November 2008, ACICA (Australian Centre for International Commercial Arbitration) will hold its annual conference on International Commercial Arbitration at the Intercontinental Hotel in Sydney. The focus will be on “Making International Commercial Arbitration Work for Business” and Justice Allsop will present the afternoon address.

Max Bonnell will act as a commentator for a session on “The Changing Landscape of International Commercial Arbitration in Australia”, Jonathan Kay Hoyle will act as moderator for a session on “Using Treaty Arbitration to Manage Foreign Investment Risk” and David Fairlie (Consultant, Sydney) will act as chair for the opening address by the Attorney General, The Hon Robert McClelland MP.

Mallesons wins Hong Kong Construction Law Firm award for the fifth time

Mallesons Stephen Jaques has been named Hong Kong Construction Law Firm of the Year for the third consecutive year at ALB magazine’s annual Hong Kong Law Awards. This is the fifth time that Mallesons has received the award.

The Awards recognise and promote outstanding professional achievement and the best legal work of the year throughout Hong Kong. The winner of each Firm of the Year category is decided by a panel composed of senior in-house lawyers.

Asian construction practice head Paul Starr said: “In the past year we have gone from strength to strength by focusing on the expansion of our non-contentious business, our PRC and Middle East coverage and our award-winning sustainability practice. We also continued to win instructions for important arbitration, mediation and litigation matters across the region.”