Event: Australian Arbitration Week, 18-22 October 2021

Australian Arbitration Week 2021 is being held virtually this year and will be running a variety of events related to arbitration throughout the week of 18 to 22 October 2021! The following events are being run by ACICA, but a full calendar of events is available on the ACICA website.

ACICA/CIArb Australia International Arbitration Conference 2021

New and Emerging Norms in International Commercial Arbitration

Date: 18 October 2021

Website: https://ciarb.net.au/ciarbevents/2021-conference/

AMTAC Webinar 

Avoiding Obstacles along the pathway to enforcement

Date: 19 October 2021, 1pm to 2pm (AEDT)

Registration: https://acica.org.au/events-list/#!event/2021/10/19/amtac-seminar-aaw

ACICA Webinar

Insolvency & Arbitration

Date: 19 October 2021, 3:30pm to 5pm

Registration: https://acica.org.au/events-list/#!event/2021/10/19/acica-vic-state-committee-seminar-insolvency-arbitration

ACICA45 workshop (virtual)

Practicalities of Procedure

Date: 20 October 2021, 10am to 12pm

Registration: https://acica.org.au/events-list/#!event/2021/10/20/acica45-workshop-aaw

ACICA Rules Roadshow (virtual)

Date: 21 October 2021, 12:30pm to 1:30pm

Registration: https://acica.org.au/events-list/#!event/2021/10/21/sydney-acica-rules-2021-roadshow-event

ACICA Webinar

What’s the bottom line? Management of Costs in International Arbitration

Date: 22 October 2021, 12:30pm to 1:30pm

Registration: https://acica.org.au/events-list/#!event/2021/10/22/what-8217-s-the-bottom-line-management-of-costs-in-international-arbitration

Event: ‘Private International Law and Intellectual Property: The ILA Kyoto Guidelines’, 15 October 2021

In 2020, the 79th Conference of the International Law Association passed the Resolution 6/2020 and adopted the Guidelines on Intellectual Property and Private International Law (‘Kyoto Guidelines’).

The Guidelines are part of international efforts to establish a cooperative global system for jurisdiction, choice of law, and judgment recognition and enforcement in transnational IP disputes. They apply to civil and commercial matters involving IP rights that are connected to more than one State.

This webinar, jointly sponsored by the Centre for Asian and Pacific Law at the Sydney Law School and International Law Association (Australian Branch), invites distinguished professors from Japan, Republic of Korea and Australia to discuss the contents, implications, and challenges of the Guidelines in regulating complicated IP disputes.

At the webinar, Professor Toshiyuki Kono (Kyushu University, Japan) will be speaking about the background and significance of the Kyoto Guidelines; Professor Gyooho Lee (Chung-Ang University, Republic of Korea) will be speaking about the laws applicable to transferability of an intellectual property right and employment contracts under the Kyoto Guidelines; and Professor Vivienne Bath (Sydney Law School, Australia) will be speaking about the Kyoto Guidelines and injunction in transnational standard essential patents and parallel patent infringement disputes. The panel will be moderated by Associate Professor Jie (Jeanne) Huang (Sydney Law School, Australia).

The event will be held on Friday 15 October 2021 from 3:00 pm to 4:00 pm AEDT on Zoom. Registration is essential and through Eventbrite.

Event: International Investment Agreements and National Impacts, 7 October 2021

The International Law Association (Australian Branch) is pleased to announce its fourth in a series of online lunch-time panels showcasing the work of early career international lawyers.

This event follows the first panel on “Intersections of International Environmental Law with National Jurisdictions” on 22 July 2021, the second panel on “Armed Conflict, Technology and Human Rights” on 26 August 2021 and the third panel on “International Criminal Law: Practitioner Perspectives” on 16 September 2021. Recordings are made of these panels and will be made available in the members’ section of the ILA (AB)’s website in due course.

This fourth panel is focused on “International Investment Agreements and National Impacts” and features speakers Caitlyn McKenzie (ANU College of Law) presenting on ‘Improving access to Foreign Direct Investment for Pacific Island Countries: Pursuit of International Investment Agreements from a development perspective’ and Zhenyu (Zoe) Xiao (UNSW Law and Justice) speaking on ‘International law and domestic institutions: rethinking the evolution of China’s investor-state dispute settlement policymaking’. The event will be chaired by Associate Professor Jeanne Huang (University of Sydney Law School) and feature commentator Dr Jonathan Bonnitcha (UNSW Law and Justice).

The panel will be held online on Thursday 7 October 2021 from 1:00 pm to 2:00 pm AEST. Registration is free and through Eventbrite.

A flyer for this fourth panel is included below.

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Event: International Criminal Law: Practitioner Perspectives, 16 September 2021

The International Law Association (Australian Branch) is pleased to announce its third in a series of online lunch-time panels showcasing the work of early career international lawyers.

This event follows the first panel on “Intersections of International Environmental Law with National Jurisdictions” on 22 July 2021 and the second panel on “Armed Conflict, Technology and Human Rights” on 26 August 2021. Recordings are made of these panels and will be made available in the members’ section of the ILA (AB)’s website in due course.

This third panel is focused on “International Criminal Law: Practitioner Perspectives” and features speakers Pranamie Mandalawatta (Australian Red Cross) and Liam MacAndrews (Nyman Gibson Miralis Defence Lawyers) speaking on ‘Corporate Liability for War Crimes under Australian Law’ and Shannon Torrens presenting on ‘Defending A President: The Charles Taylor Case at the Special Court for Sierra Leone’. The event will be chaired by Dr Chris Ward SC (St James Hall Chambers) and will feature commentator The Honourable Justice Mark Ierace (Supreme Court of New South Wales). The panel will be held online on Thursday 16 September 2021 from 1:00 pm to 2:00 pm AEST. Registration is free and through Eventbrite.

The final panel in this series will be held on 7 October and consist of an exploration of International Investment Law. It will feature Caitlyn McKenzie (ANU College of Law) presenting on ‘Improving access to Foreign Direct Investment for Pacific Island Countries: Pursuit of International Investment Agreements from a development perspective’ and Zhenyu (Zoe) Xiao (UNSW Law and Justice) speaking on ‘International law and domestic institutions: rethinking the evolution of China’s investor-state dispute settlement policymaking’. The event will be chaired by Associate Professor Jeanne Huang (University of Sydney Law School) and feature commentator Dr Jonathan Bonnitcha (UNSW Law and Justice).

A flyer for this third panel is included below.

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Event: ‘Armed Conflict, Technology and Human Rights’, 26 August 2021

The International Law Association (Australian Branch) is pleased to announce its second in a series of online lunch-time panels showcasing the work of early career international lawyers.

This event follows the first panel on “Intersections of International Environmental Law with National Jurisdictions” featuring speakers Carina Bury of Universität Hamburg and Millicent McCreath of UNSW Law & Justice, chair Justice Nicola Pain of the Land and Environment Court of New South Wales, and commentator Dr Emma Carmody of the Environmental Defenders Office and Legal Advisor to the Secretariat of the Ramsar Convention on Wetlands on 22 July 2021. A recording will be made available of this session.

This second panel is focused on “Armed Conflict, Technology and Human Rights” and features speakers Aneta Paretko of the University of Melbourne speaking on ‘A Human Rights Framework for Dealing with the Female Foreign Fighters of Islamic State’ and Helen Stamp of the University of Western Australia presenting on ‘Meaningful Assessments of Liability for Incidents involving Autonomous Weapons Systems: Informing Traditional Legal Forums through the Use of Algorithmic Accountability’. The event will be chaired by Molly Thomas of the International Criminal Court and the ILA Reporter and will feature commentator Dr Simon McKenzie of the University of Queensland. The panel will be held online on Thursday 26 August 2021 from 1:00 pm to 2:00 pm AEST. Registration is free and through Eventbrite.

Future panels (with further details to be circulated) include ‘International Criminal Law: Practitioner Perspectives’ (September 16) and ‘International Investment Law’ (October). A flyer is included below.

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Event: ‘Intersections of International Environmental Law with National Jurisdictions’, 22 July 2021

The International Law Association (Australian Branch) is pleased to announce its first in a series of online lunch-time panels showcasing the work of early career international lawyers.

The first panel will be on “Intersections of International Environmental Law with National Jurisdictions”. Speakers including Carina Bury of Universität Hamburg and Millicent McCreath of UNSW Law & Justice. Justice Nicola Pain at the Land and Environment Court of New South Wales will chair the panel, and Dr Emma Carmody at the Environmental Defenders Office and Legal Advisor to the Secretariat of the Ramsar Convention on Wetlands will serve as Commentator. The panel will be held online on 22 July 2021 at 1:00 pm to 2:00 pm AEST. Registration is through Eventbrite.

Future panels (with further details to be circulated) include ‘Emerging Topics in the Law of Armed Conflict’ (August 26), ‘International Criminal Law: Practitioner Perspectives’ (September 16) and ‘International Investment Law’ (October). A flyer is included below.

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Event Re-Cap: Developments in cyber and international law at the UN – Josephine Dooley

For the Australian National University’s Centre for International and Public Law (CIPL) Seminar in April, key members of Australia’s delegation to the United Nations (UN) Open-ended Working Group on developments in the field of information and telecommunications in the context of international security (OEWG) discussed latest developments in cyber and international law at the UN.

The third and final substantive OEWG session was held in March. Importantly, on 12 March 2021, 193 States adopted a consensus report containing recommendations to address cyber threats and ‘promote an open, secure, stable, accessible and peaceful’ international cyber environment (OEWG, Final Substantive Report UN Doc A/AC.290/2021/CRP.2, para 7 (‘OEWG Final Report’). The OEWG Final Report has now been endorsed by consensus by the UN General Assembly (UNGA). As part of that effort to improve peace and security in the cyber environment, the OEWG Final Report includes recommendations concerning the development of how international law applies in cyberspace, that States continue to:

  • Inform the UN Secretary-General, and through other appropriate avenues, of their national views and practices on how international law applies to states’ conduct in cyberspace  (Recommendation 38),
  • Support, in a neutral and objective manner, capacity-building of other States in developing their national views and practices, to contribute to building common understandings of and consensus on how international law applies in cyberspace (Recommendation 39), and
  • Participate in future UN processes on international law and cyber as a key step to clarify and further develop common understandings on the issue (Recommendation 40).

At the talk on 27 April 2021, participants were able to learn first-hand from key Australian representatives in the OEWG process what has been Australia’s role in the recognition and elaboration of the application of international law to cyberspace so far, and Australia’s perspective on the implications of the OEWG Final Report going forward. The Panel consisted of: 

  • Johanna Weaver, Special Adviser to Australia’s Cyber Ambassador and Head of Delegation on UN Cyber Processes,
  • Harry Aitken, Assistant Director, International Law Branch, Department of Foreign Affairs and Trade (DFAT),
  • Tess Kluckow, Senior Legal Officer, Office of International Law, Attorney-General’s Department (AGD), and 
  • Wing Commander Craig Deveney, Deputy Director, Operations and International Law Military Branch (Defence Legal).

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Event: Book Launch of “The UN Commission on Human Rights: ‘A Very Great Enterprise'”, 2 June 2021

The UN Human Rights Council faces a critical phase in its development. Between 2021 and 2026, the Assembly is due to review its status, with a view to determining, to quote Kofi Annan at its inauguration in 2006, whether its work has “so clearly established [its] authority that there would be a general will to amend the Charter, and to elevate it to the status of a Principal Organ of the United Nations”.

A new book by former Secretary to the UN Commission on Human Rights John Pace is intended to aid the process of review by furnishing, in one volume, the entire record of the Commission and the Council since the inception of UN work in human rights in 1946. The UN Commission on Human Rights: ‘A Very Great Enterprise’ was published by Oxford University Press in 2020.

In the course of a career spanning more than 50 years in the field of human rights, John Pace has worked in a wide range of human rights activities at the international and regional level. He has headed several sectors of the human rights programme and was Secretary to the Commission on Human Rights (1978 to 1994) and Coordinator of the Vienna World Conference on Human Rights (1991 to 1993). He has a long association with UNSW, where he has taught and headed the Australian Centre for Human Rights in the early 2000s. He is currently Senior Visiting Fellow in the Faculty of Law and Justice and is a member of the Board of Directors of the Diplomacy Training Programme.

Former High Court Justice the Hon. Justice Michael Kirby AC CMG and Pro Vice-Chancellor Indigenous UNSW and Professor of Law Megan Davis will join the author in conversation about his new book, moderated by Director of the Australian Human Rights Institute Professor Justine Nolan.

This event will be held online on 2 June 2021 at 9:00 am to 10:00 am CEST. Registration for this event is via Eventbrite and is free to all attendees. Event attendees are eligible for a 30% discount on purchase of the book.

This event is co-hosted by the Australian Human Rights Institute and the International Law Association Australia.

Event: ILA (Australian Branch) End of Year Event, 2 December 2020

The International Law Association (Australian Branch) is hosting an end of year event featuring Professor Philippa Webb, King’s College London on the following topic: Swaying or straying? Australia’s influence on freedom of expression and the right to a fair trial in international law.

Philippa Webb is Professor of Public International Law at King’s College London. She joined The Dickson Poon School of Law in 2012 after a decade in international legal practice. She was previously visiting Assistant Professor in the Advanced LLM Programme at Leiden University (2009-2011). She has been Visiting Professor at Université Paris X Nanterre, ESADE Law School and Pepperdine University’s London programme.

In recent studies of geopolitical influence, Australia has been labelled a ‘hemispheric power’, more influential than India and Russia. There is also a long held view that Australia is a ‘middle power’ than can ‘punch above our weight’. By focusing on Australia’s influence on two critical protections – freedom of expression and the right to a fair trial – I will examine whether Australia is shaping international law (swaying) or forging its own, potentially violative path (straying). I will distil some of the key debates in international law and identify Australia’s contribution to the law through its state practice and the jurisprudence of international human rights bodies. 

The event will be held on Wednesday 2 December 2020 from 8:00 AM to 9:00 AM CET via Zoom and is free of charge. Registration is essential and may be done through this link.

Event: Australian Arbitration Week, 12-15 October 2020

ACICA is pleased to present Australian Arbitration Week 2020 (AAW 2020) in the week of 12 October 2020. A full Calendar of Events is now available on the AAW website, which will be kept updated as event information is released.

ACICA, together with the Chartered Institute of Arbitrators Australia (CIArb Australia), will launch AAW2020 with Australia’s premier international arbitration event, the 2020 International Arbitration Conference featuring a line-up of speakers from across Australia and around the world. This year the conference will be offered virtually and is open to registrants around the globe. Program and speaker information is available to view on the website. 

The theme for this year’s International Arbitration Conference is Bridging the Distance: Arbitration in the New Normal. This one day program will offer virtual presentations on topics including: 

  • Advocacy in the Virtual Environment;
  • Technology as an Enabler in International Arbitration;
  • The Future of Investor-State Dispute Resolution;
  • Around the Globe in 60 Minutes;
  • Mega Projects in the New Normal;
  • Is Third Party Funding Changing International Arbitration?; and
  • Enhancing Efficiencies in the Arbitral Process.

Registration is now open! CPD points are available.

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