The observations of an arbitration administrator Geoff ... · The observations of an arbitration...
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The observations of an arbitration administrator Geoff Honey – GTA
Transcript of The observations of an arbitration administrator Geoff ... · The observations of an arbitration...
The observations of an
arbitration administrator
Geoff Honey – GTA
Quick quiz
GTA Arbitrators have to be legally qualified? Yes/No
Quick quiz
GTA Arbitrators have to be legally qualified? Yes/No
GTA Arbitrators represent the Parties that nominated
them.
Yes/No
Quick quiz
GTA Arbitrators have to be legally qualified? Yes/No
GTA Arbitrators represent the Parties that nominated
them.
Yes/No
A GTA award has as much legal weight as a
judgement of the Court
Yes/No
Quick quiz
GTA Arbitrators have to be legally qualified? Yes/No
GTA Arbitrators represent the Parties that nominated
them.
Yes/No
A GTA award has as much legal weight as a
judgement of the Court
Yes/No
GTA management is able to provide legal advice to
GTA members who are involved in an Arbitration
Yes/No
Quick quiz
GTA Arbitrators have to be legally qualified? Yes/No
GTA Arbitrators represent the Parties that nominated
them.
Yes/No
A GTA award has as much legal weight as a
judgement of the Court
Yes/No
GTA management is able to provide legal advice to
GTA members who are involved in an Arbitration
Yes/No
GTA conducts around 30 Arbitrations per year Yes/No
Quick quiz
The GTA Dispute Resolution Service processes are
aligned to the Commercial Arbitration Act (2010)
NSW
Yes/No
Quick quiz
The GTA Dispute Resolution Service processes are
aligned to the Commercial Arbitration Act (2010)
NSW
Yes/No
WA contracts can not be referred to GTA in the event
of a dispute.
Yes/No
Quick quiz
The GTA Dispute Resolution Service processes are
aligned to the Commercial Arbitration Act (2010)
NSW
Yes/No
WA contracts can not be referred to GTA in the event
of a dispute.
Yes/No
Can an Arbitrator be personally liable if the
Tribunal’s decision is shown by subsequent appeal to
be wrong?
Yes/No
Quick quiz
The GTA Dispute Resolution Service processes are
aligned to the Commercial Arbitration Act (2010)
NSW
Yes/No
WA contracts can not be referred to GTA in the event
of a dispute.
Yes/No
Can an Arbitrator be personally liable if the
Tribunal’s decision is shown by subsequent appeal to
be wrong?
Yes/No
Do all Parties and Arbitrators receive the same
documentation?
Yes/No
Quick quiz
The GTA Dispute Resolution Service processes are
aligned to the Commercial Arbitration Act (2010)
NSW
Yes/No
WA contracts can not be referred to GTA in the event
of a dispute.
Yes/No
Can an Arbitrator be personally liable if the
Tribunal’s decision is shown by subsequent appeal to
be wrong?
Yes/No
Do all Parties and Arbitrators receive the same
documentation?
Yes/No
There are 65 Arbitrators on the Arbitration Panel List Yes/No
Quick quiz
Claimants should substantiate damages they are seeking Yes/No
Quick quiz
Claimants should substantiate damages they are seeking Yes/No
GTA Arbitrators can make their own enquiries
independent of the other Tribunal members
Yes/No
Quick quiz
Claimants should substantiate damages they are seeking Yes/No
GTA Arbitrators can make their own enquiries
independent of the other Tribunal members
Yes/No
GTA DRS offers an Appeal process Yes/No
Quick quiz
Claimants should substantiate damages they are seeking Yes/No
GTA Arbitrators can make their own enquiries
independent of the other Tribunal members
Yes/No
GTA DRS offers an Appeal process Yes/No
The District Courts in major regional centres can hear an
Appeal against an Award handed down by a GTA
Tribunal.
Yes/No
Quick quiz
Claimants should substantiate damages they are seeking Yes/No
GTA Arbitrators can make their own enquiries
independent of the other Tribunal members
Yes/No
GTA DRS offers an Appeal process Yes/No
The District Courts in major regional centres can hear an
Appeal against an Award handed down by a GTA
Tribunal.
Yes/No
The Commercial Arbitration Act 2010
• Uniform legislation pan Australia
• Aligned to Model Law on International
Commercial Arbitration (as adopted by the
UN Commission on International Trade Law)
Refer to Commercial Arbitration Act 2010
Jurisdiction – where does an Arbitration
Tribunal acquire its authority?
Dispute Resolution Service
How effective is it?
National crop size (tonnes)
Avg. turnover
Tonnes traded nationally
Avg. contract size (tonnes)
No. of contracts
Avg. no. of arbitrations
% of arbitrations over all contracts
Dispute Resolution Service
National crop size (tonnes) 35,000,000
Avg. turnover 3
Tonnes traded nationally 105,000,000
Avg. contract size (tonnes)
No. of contracts
Avg. no. of arbitrations
% of arbitrations over all contracts
Dispute Resolution Service
National crop size (tonnes) 35,000,000
Avg. turnover 3
Tonnes traded nationally 105,000,000
Avg. contract size (tonnes) 500
No. of contracts 210,000
Avg. no. of arbitrations
% of arbitrations over all contracts
Dispute Resolution Service
National crop size (tonnes) 35,000,000
Avg. turnover 3
Tonnes traded nationally 105,000,000
Avg. contract size (tonnes) 500
No. of contracts 210,000
Avg. no. of arbitrations 10
% of arbitrations over all contracts 0.005%
Dispute Resolution Service
So how effective is it?
Dispute Resolution Service
Since 2003:
• 188 Arbitrations initiated
• 51% settled before an Award is reached
• 40% of Respondents do not participate
• 10 appeals of which 9 were
unsuccessful
Dispute Resolution Service - stats
I get the grumbles
sometimes on
arbitration issues.
Diving into the Trade Rules when
you’re in dispute is too late.
Understand the risks of the trade
Do a Trade Rules Course NOW
Grumble 1
The ostrich & giraffe effect
Grumble 2
Arguing the toss over whether
the GTA Tribunal has
jurisdiction
Grumble 3
Make it absolutely crystal clear
and insert on the cover page of the
contract:
This contract expressly incorporates the GTA Trade Rules
in force at the date of contract and the GTA Dispute
Resolution Rules in force at the commencement of the
arbitration.
Claims must be substantiated
Grumble 4
Overly complicated.
Submissions are long on case
law and short on the specific
terms and conditions of the
contract
Peer review of your submission
Grumble 5
Arabic appendices
Spare me….in English please!!!!!!
Grumble 6
Hope these tips
have been helpful.
Thanks for coming.
