Australia's gas markets are changing rapidly and undergoing significant structural change. Australia is on the cusp of becoming the world's largest liquefied natural gas (LNG) exporter, having seen investment of more than $200 billion in the past decade.
What role has good advocacy in mediations and arbitrations? The archetypical advocate appears in court, before a judge, arguing a case and cross-examining witnesses. They are eloquent, engaging and easily able to meet the demands of a dynamic trial process. However, the opportunities for practising in that way are dwindling. The classical trial is now thought to be too long, too expensive and too risky. By contrast, there are increasingly more opportunities for mediation and arbitration. What is the difference? Can the skills of the great trial advocate be used in the mediation room? What are the techniques that must be learned and refined to excel in mediations and arbitrations?
Dominique Hogan-Doran SC joined the panel "What role has good advocacy in mediations and arbitrations?" co-presented by the International Bar Association's Forum for Barristers and Advocates and the Arbitration, Litigation and Mediation Committees, at the IBA Annual Conference in Sydney on 10 October 2017.
My report co-authored with Dr Stephen R. Tully on international legal developments within Australia over the past year has now been published by theAmerican Bar Association Section of International Law. Our report can be found in (2017) 51 International Legal Developments Year in Review: 2016 at 579-82. https://www.americanbar.org/content/dam/aba/administrative/international_law/YIR%202017_cpy.authcheckdam.pdf
Since 2010, all Australian States and Territories have adopted and enacted versions of the Model law creating a uniform framework for domestic arbitration in Australia; the Australian Capital Territory is the most recent, with its legislation commencing on 1 July 2017.
The laws harmonise the procedures for resolution of such disputes with those applicable to the resolution of international commercial disputes under the International Arbitration Act 1974 passed by the Commonwealth parliament.
The Acts facilitate the use of arbitration agreements to manage domestic commercial disputes by adopting the provisions of the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration, taking into account the Commonwealth Act, and with appropriate modifications for domestic commercial arbitration.
The Acts also contain a number of additional provisions supporting the arbitration process and some optional provisions which may be used by the parties to an arbitration agreement should a dispute arise between them. These include provisions relating to assistance from the Supreme Court of a particular State or Territory (or another court nominated by the parties), the consolidation of arbitral proceedings, the disclosure of confidential information and the awarding of interest and costs. The Acts also provide for the issue of subpoenas, and the recognition and enforcement of awards with respect to domestic commercial arbitrations.
- Commercial Arbitration Act 2010 (NSW)
- Commercial Arbitration (National Uniform Legislation) Act 2011 (NT)
- Commercial Arbitration Act 2013 (QLD)
- Commercial Arbitration Act 2011 (SA)
- Commercial Arbitration Act 2011 (TAS)
- Commercial Arbitration Act 2011 (VIC)
- Commercial Arbitration Act 2012 (WA)
- Commercial Arbitration Act 2017 (ACT)
The Essential Services Commission an independent economic regulator established under the Essential Services Commission Act 2002 (SA) and successor to the South Australian Independent Industry Regulator.
The Commission’s objective is the: “protection of the long term interests of South Australian consumers with respect to the price, quality and reliability of essential services.”
It performs a range of functions across the different industries it regulates, including pricing, licensing, performance monitoring and reporting, compliance and scheme administration.
Effective 10 February 2017, Dominique Hogan-Doran SC was appointed to the Essential Services Commission of South Australia Arbitrator Panel for the determination of third party access disputes in the electricity, gas, water & sewerage infrastructure, ports and rail industries in South Australia. Arbitration may be required in a dispute over access to regulated port, water or rail infrastructure, where conciliation has not been successful.
NBN Co was established in 2009 to design, build and operate Australia's new high-speed, wholesale local access broadband network.
Dominique Hogan-Doran SC has now been appointed an Arbitral Pool Member for determination of disputes arising between NBN Co and its Customers. Dominique's appointment is pursuant to the dispute management regime included in the NBN Co's Special Access Undertaking given to the Australian Competition & Consumer Commission under section 152CBA(2) of the Competition and Consumer Act 2010 (Cth). The term of appointment is 2 years.
Dominique Hogan-Doran SC has been admitted as a Fellow of the Chartered Institute of Arbitrators.
Dominique received 100% in the International Commercial Arbitration Award Writing Examination conducted by the Chartered Institute of Arbitrators (North American Branch) held in Washington DC in July 2015.