Publications


Dispute Resolution Papers 2005-2009

  • The Growth and Development of International Commercial Arbitration in the Asia Pacific Region: Presented to Chartered Institute of Arbitrators (CIArb)/CIETAC Joint Training Course for Experienced Practitioners, Shenzhen, 12-13 March 2005
  • A Comparative Assessment of UNCITRAL, ICSID, LCIA, ICC, ICDR, SIAC and Stockholm Chamber of Commerce Arbitration Rules: Presentation to Chartered Institute of Arbitrators (CIArb)/CIETAC Joint Training Course for Experienced Practitioners, Shenzhen, 12-13 March 2005
  • Arbitration and Expert Determination in Australia: Presentation at XIX Biennial LAWASIA Conference, LAWASIAdownunder2005, Arbitration Panel Session, Gold Coast Convention and Exhibition Centre, Surfer’s Paradise, 23 March 2005
  • Acquisition of Skills and Accreditation in International Arbitration: Presentation at Queen Mary College School of International Arbitration 20th Anniversary Conference, Barbican Centre, London, 10 - 12 April 2005, also published in Arbitration International, Vol 22, No. 2, 2006
  • International Arbitration in Asia - coming of age?: Presentation at International Arbitration Club Meeting, Freshfields, London, 14 April 2005
  • Intellectual Corruption - the IBA Guidelines and Telekom Malaysia: Presentation at IPBA 15th Annual Meeting and Conference, Conflicts of Interest Session, Bali International Convention Centre, Bali, Indonesia, 5 May 2005
  • A Comparative Assessment of UNCITRAL, ICSID, LCIA, ICC, ICDR, SIAC and Stockholm Chamber of Commerce Arbitration Rules: Presentation to Chartered Institute of Arbitrators Diploma in International Commercial Arbitration, Keble College, Oxford, UK, 10-18 September 2005
  • The Growth and Development of International Commercial Arbitration in the Asia-Pacific Region: Presentation to Chartered Institute of Arbitrators Diploma in International Commercial Arbitration, Keble College, Oxford, UK, 10-18 September 2005
  • Independent experts - the common law approach : Presentation to International Bar Association Conference, Arbitration Committee Session “Use of independent experts in arbitration”, Corinthia Towers Hotel, Prague, 29 September 2005
  • Wither the partial expert?: Presentation to the Chartered Institute of Arbitrators East Asia Branch, HKIAC, Hong Kong, 7 November 2005
  • A Comparative Assessment of UNCITRAL, ICSID, LCIA, ICC, ICDR, SIAC and Stockholm Chamber of Commerce Arbitration Rules: Presentation to Chartered Institute of Arbitrators Diploma in International Commercial Arbitration, Hong Kong, 5 - 10 November 2005
  • The Growth and Development of International Commercial Arbitration in the Asia-Pacific Region: Presentation to Chartered Institute of Arbitrators Diploma in International Commercial Arbitration, Hong Kong, 5 - 10 November 2005
  • Use of Experts in Arbitration; Independent Experts - The Common Law Approach: TDM Volume 2, issue #05, November 2005
  • The role of experts in international arbitration: Presentation at Masters Course, Stockholm University on, 21 March 2006
  • Powers of an Arbitral Tribunal to Grant Interim Measures of Protection: Presentation at Chartered Institute of Arbitrators Malaysia International Arbitration Conference, Kuala Lumpur, 31 March 2006
  • Workshop on the UNCITRAL Model Law in Asia: Presentation at the IPBA 16th Annual Meeting and Conference, “Asian Perspectives on the Model Law” Panel Session, Hilton Hotel, Sydney, 2 May 2006
  • Adjudication: Evolutionary Step or Revolutionary Idea?: Presentation at the Canadian College of Construction Lawyers 9th Annual Conference, Problem Solving: Rules, Roles and Regulations, Adjudication Roundtable Discussion, Fox Harbour Golf Resort & Spa, Wallace, Nova Scotia, 3 June 2006
  • Course Tutor, CIArb/UNSW Diploma Course in International Commercial Arbitration (sponsored by ACICA), University of NSW and Clayton Utz Sydney Offices, Sydney, 26 June - 7 July 2006
  • “Domestic Arbitration Law and Practice/International Arbitration Law and Practice”
  • “Domestic Arbitration Law and Practice”
  • “A Comparative Assessment of UNCITRAL Rules, ICSID, LCIA, ICC and Stockholm Chamber Arbitration Rules”
  • “Australian Domestic Commercial Arbitration”
  • Course Tutor, “Rights and Liabilities in Construction”, Melbourne University, 26-29 July 2006
  • “Proportionate Liability - Reform or Regression?” Michael Brown Foundation Lecture, King’s College, London, 7 September 2006, published in International Construction Law Review, 24(1), January 2007
  • “Recent Developments in International Commercial Arbitration”: Presentation at the WAIDM Official Launch, Murdoch University School of Law, Perth, Western Australia, 28 September 2006
  • “Project finance implications of infrastructure delivery models”: Course Tutor, “Project Finance”, Melbourne University, 20 October 2006
  • “How Valuable is the FIDIC Suite for Construction of Project Financed Projects?” Course Tutor, “Project Finance”, Melbourne University, 20 October 2006
  • “How Valuable is the FIDIC Suite for Construction of Project Financed Projects”: Presentation at the Society of Construction Law (Singapore) Inaugural International Conference, Session on “A Comprehensive Examination of the Application of FIDIC Contracts”, Grand Copthorne Waterfront Hotel, Singapore, 16 October 2006
  • Course Tutor, “Advanced Construction Claims”, Melbourne University, 26-30 October 2006
  • “Adjudication in Australia”: Presentation at the Adjudication Society, London Branch, Berrymans Lace Mawer Lawyers, Salisbury House, London Wall, London, 21 November 2006
  • “The legal environment for toll road development: past projects and future deals”: Presentation at the 4th Annual National Toll Roads Summit, Marriot Hotel, Brisbane, 22 February 2007
  • “International commercial arbitration and Australia”: Presentation at the Australian-European Lawyers Conference, National Museum of Australia, Canberra, 2 March 2007
  • “Public Private Partnerships: New Models and Emerging Players - An Australian Perspective”: Paper presented at the 6th Biennial International Bar Association Conference on Project Finance, Westin Embassy Row Hotel, Washington D.C., 26 April 2007
  • “Party appointed expert witnesses in international arbitration”: Presentation to the Arbitration Interest Group at Herbert Smith, London, 9 May 2007
  • “Getting the Deal Through - Public Procurement 2007″: Australian chapter
  • “International arbitration in Asia: coming of age?”: published in Table Talk
  • “Damages for Delay”: presentation to Canadian College of Construction Lawyers, Predator’s Ridge, Vernon, British Colombia, Canada, 2 June 2007
  • Course Tutor, CIArb/UNSW Diploma Course in International Commercial Arbitration (sponsored by ACICA), University of NSW and Clayton Utz Sydney Offices, Sydney, 25 June - 6 July 2007
  • “A Comparative Assessment of UNCITRAL Rules, ICSID, LCIA, ICC and Stockholm Chamber Arbitration Rules”
  • “Australian Domestic Commercial Arbitration”
  • “Powers of an arbitral tribunal to grant interim measures of protection”
  • “International commercial arbitration and Australia”
  • “Party Appointed Expert Witnesses in International Arbitration”
  • “The hearing”: Powerpoint presentation
  • “Investor-state relations and alternative dispute resolution”: APEC Senior Officials Meeting, Cairns, 27 June 2007
  • “Amendments to the UNCITRAL Model Law and Arbitration Rules”: presentation at the International Bar Association Conference, Singapore, 17 October 2007
  • “Institutional Arbitration in the Asia-Pacific Region - case of “let a hundred flowers bloom?”": presentation to International Chamber of Commerce Annual Arbitration Conference, London, 6 November 2007
  • “Competence-competence”: presentation to the Society of Construction Arbitrators, Budapest, 3-5 May 2008
  • “Can Prevention Be Cured By Time Bars?” 2008 TecBar Lecture, 17 September 2008, London, published I.C.L.R. 57 2009
  • “Third Party Funding of Arbitration”: presentation at Hot Topics in International Arbitration, 22 September 2008, London
  • “Adjudication - Should it be Encouraged?”: presentation at Society of Construction Law Conference 2008, 6 October 2008, London
  • “Dealing with Multi Tiered Dispute Resolution Process” presentation at International Dispute Resolution Conference 2008, 20-21 October 2008, Kuala Lumpur
  • “Public Private Partnerships: An Overview”, Government Services Group Briefing - PPPs, Barton, 28 October 2008

  • “Making it Work for Business”, presentation at Australian Centre for International Commercial Arbitration Conference, 21 November 2008, Sydney
  • “The Challenges for International Arbitration in Australia” presentation at the Australian Maritime and Transport Arbitration meeting 2008, 27 November 2008, Sydney
  • “Principles and Methods of Calculation of Impact Damages: the Australian Position”, article published in the Journal of the Canadian College of Construction Lawyers 2008
  • “Party Appointed Expert Witnesses in International Arbitration - A Protocol at Last”, article published in the Arbitration International 2008, Vol 24 No 1, p137
  • “Construction Activity and Dispute Resolution in Australia”, presented at the American College of Construction Lawyers Conference, Florida, 20 February 2009
  • “Adjudication in Construction Dispute Resolution”, presented at the American Bar Association, Section of Dispute Resolution, Annual Spring Conference, New York, 15 April 2009
  • “Mediation in Australia”, presented at the American Bar Association, Section of Dispute Resolution, Annual Spring Conference, New York, 15 April 2009
  • “The effects of the credit crunch: an Australian perspective”, presentation at the International Bar Association 7th Biennial Conference on Project Finance, Park Hyatt, Washington DC, 23-24 April 2009
  • “Dealing with Multi-Tiered Dispute Resolution Process”, published in Arbitration (2009) 75, 188-198

  • “Challenges for International Dispute Resolution in the Global Financial Crisis”, presentation at the Chartered Institute of Arbitrators, East Asia Branch, Hong Kong, 4 May 2009
  • “International Dispute Resolution in the Global Financial Crisis”, presentation at The Institute of Arbitrators & Mediations Australia Conference, Melbourne, 29-31 May 2009
  • “Asian Arbitration Practices under the Common Law Jurisdiction”, presentation at the Asia Pacific Regional Arbitration Group Conference: Best Practices of International Arbitration for Asia, Seoul, 21-23 June 2009
  • “Challenges for International Dispute Resolution in the Global Financial Crisis, Part 1″, published in Asian Dispute Review July 2009, pp 91-95
  • “Can Prevention be Cured by Time Bars?”, presentation to The Institute of Arbitrators & Mediators Australia, Sydney 5 August 2009
  • “Adopting the UNCITRAL Model for Domestic Arbitration in Australia”, presentation to The Institute of Arbitrators & Mediators Australia, Queensland Chapter, Brisbane, 6 August 2009
  • “What is International Commercial Arbitration”, presentation to the CIArb 2009 Diploma in International Commercial Arbitration, Sydney, 8 August 2009
  • “The Australian Centre for International Commercial Arbitration (ACICA) and its Rules”, presentation to Düsseldorf International Arbitration School, Düsseldorf, 24 September 2009
  • “Challenges for International Dispute Resolution in the Global Financial Crisis, Part 2″, published in Asian Dispute Review July 2009, pp 118-122
  • “The Effects of the Credit Crunch: An Australian Perspective”, published in International Construction Law Review Volume 26, Part 4, October 2009, pp 397-413
  • “Can Prevention be Cured by Time Bars?”, published on Society of Construction Law Website October 2009
  • “Macquarie University Dispute Resolution Lecture: Arbitration”, presented to Macquarie University Law School, Sydney, 20 October 2009
  • “Rights and Liabilities in Construction”, Course Tutor, Melbourne University, Sydney, 21-22 October, 2009
  • “Our Practice Area: The present and the future”, presentation to Clayton Utz graduate rotates, Sydney, 28 October, 2009
  • “Construction law - the interrelationship of contract law with other areas of law”, presentation to Clayton Utz graduate rotates, Sydney, 30 October, 2009
  • “Project Structuring”, presentation to the RTA, Sydney, 6 November, 2009
  • “The Contracting Landscape”, presentation at the Melbourne Law School Construction Law Program 10 Year Anniversary Seminar, Melbourne, 10 November, 2009
  • “Training in Arbitration Law and Practice”, Course Tutor, Murdoch University, 27-29 November, 2009
  • “The future of international and domestic arbitration laws in Australia”, published in Experts in Commercial Arbitration Guide, November 2009
  • “Adopting the UNCITRAL Model for Domestic Arbitration in Australia”, presented at the ACICA International Commercial Arbitration Conference: Effecient, Effective, Economical? Melbourne, 4 December 2009
  • “Protection of Investment that Contravene Host State Laws and Regulations: Inceysa v El Salvador and World Duty Free v Kenya”, presented at APEC/UNCTAD Workshop on Investor-State Dispute Settlement: Issues and Challenges for the APEC Region, Manilla, 9-11 December 2009