The International Council of Arbitration for Sport (ICAS) has appointed me as an arbitrator of the Court of Arbitration for Sport (CAS) (general list and the football list) and as a CAS mediator. The CAS, created in 1984, is an…
A recent blog on the Harvard Law School, Program on Negotiation website (www.ponharvard.edu) refers to a survey by Northwestern University law professor Stephen Goldberg, in which veteran mediators expressed the view that establishing rapport is more important to effective mediation than…
The globalisation of law firms continues with the announcement this week that mid-tier firm Gadens has entered merger talks with Dentons, reputed to be the largest law firm in the world, in its quest to secure a footprint in the…
Introduction In PAVLOVIC V UNIVERSAL MUSIC AUSTRALIA PTY LIMITED [2015] NSWCA 313, a judgment delivered by the Court of Appeal of the Supreme Court of NSW on 6 October 2015 (Bathurst CJ, Beazley P and Meagher JA), the Court had…
A complaint that is often leveled at mediators is that they do not adequately engage with the issues or with the parties. Hence there is a perception that they add little to the process. To the extent that there may…
On 7 August 2015, the Federal Court of Australia delivered judgment in Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) [2015] FCA 811. Blairgowrie Trading Ltd and Alan and Chrystine Flitcroft (as trustees of…