July 2015: Sydney

3rd Geneva-Harvard-Renmin-Sydney Law School Conference :July 17-18, 2015


Following Geneva and Renmin, the University of Sydney hosted the third conference of the Universities of Geneva, Harvard, Renmin and Sydney (GHRS). The conference took place on 17 and 18 July on the theme New Directions in Dispute Resolution.

The conference consisted of 7 sessions: Cross-Border Commercial Disputes and International Commercial Arbitration, Dispute Settlement in Family Law, the Role of the Courts, Alternative Dispute Resolution, Dispute Resolution in Specialised Fields (I) and (II), and the Resolution of Inter-State Disputes.

The debate focused on the new trends in dispute resolution, starting with the well-known mechanisms in international trade and the role of courts. Dispute resolution in family matters and in specific areas such as art, medical tourism, aboriginal rights, labor law, intellectual property and securities was extensively discussed, as well as alternative modes of dispute resolution involving States, and followed by a general debate that allowed crossing the approaches and identifying new directions. The exchanges were further enriched by the addition of Africa represented by a colleague from University of Cape Town (South Africa) to the original four continents.

Day One: Friday 17 July

Cross-Border Commercial Disputes and international Commercial Arbitration

Chair:Professor Chester Brown (University of Sydney)

Professor Vivienne Bath (University of Sydney) - Overlapping Jurisdictions and the Resolution (or Non-Resolution) of Disputes

Professor Zhao Xiuwen (Renmin Law School) - Interim Measures and Emergency Arbitrator in International Commercial Arbitration

Professor Luke Nottage (University of Sydney) - In/formalisation and Glocalisation of International Commercial Arbitration and Investment Treaty Arbitration in Asia

Dispute Settlement in Family Law

Chair:Professor Patrick Parkinson (University of Sydney)

Professor Gian Paolo Romano (University of Geneva) - Inter-Country Disagreement on What is in the Best Interests of a Bi-national Child: Towards Bi-national Tribunals on Cross-Border Child Custody Litigation?

Dr Ghena Krayem (University of Sydney) – Family Dispute Resolution in Australia – Meeting the Needs of Australian Muslims

The Role of the Courts

Chair:Professor Glenn Cohen (Harvard University)

Sonya Willis (University of Sydney) – Managing to stay relevant: Can active case management by courts modernise our most traditional form of dispute resolution?

Miiko Kumar (University of Sydney) – Australian Reforms to Dispute Resolution

The Role of the Courts

Chair:Professor Christine Chappuis (University of Geneva)

Professor Alan Rycroft (University of Cape Town) – The Institutionalisation of Process Pluralism: The Problems and Potential of Entrenching ADR in Post-Apartheid South Africa

Professor Tang Weijian (Renmin Law School) – ADR in China

Professor Ye Lin (Renmin Law School) – China’s Practice: Mediation in Resolving Civil and Commercial Disputes

Day Two: Saturday 18 July

The Role of the Courts

Chair:Professor Han Dayuan (Renmin Law School)

Professor Marc-André Renold and Dr Alessandro Chechi (University of Geneva) – How Does the Tension between Nationalism and Internationalism Affect Dispute Resolution in Art and Cultural Heritage Matters?

Professor Glenn Cohen (Harvard University) – Medical Tourism, Litigation, and Dispute Resolution

Patricia Lane (University of Sydney) – Good faith, native title and resource development – statute, contract, and culture in resolving mining disputes over native title land

The Resolution of Inter-State Disputes

Chair:Professor Tim Stephens (University of Sydney)

Professor Chester Brown (University of Sydney) – Not such a “Cardinal Distinction”? Applicable Law in International Adjudication

Julian Wyatt (University of Geneva) – The Use of Evidentiary Approaches from the Common Law, Civil Law and International Arbitration Traditions in the Increasingly Important Fact-Finding Aspects of State-to-State Dispute Resolution

Dispute Resolution in Specialised Fields (II)

Chair:Professor Joellen Riley (University of Sydney)

Associate Professor Lu Haina (Renmin Law School) - Labor Dispute Resolution in China: Latest Developments and Challenges

Professor Jacques de Werra (University of Geneva) - How to Solve Global FRAND Patent Licensing Disputes: Can Courts and/or ADR Offer Fair Reasonable and Non-Discriminatory Dispute Resolution Mechanisms (“FRAND-DRM”)?

Dr Zou Qizhao (Renmin Law School) - Securities Dispute Resolution: Philosophy and Practice

Other Online References

List of Participants

  • Prof. Kichimito Asaka (University of Tokyo)

  • Vivienne Bath (University of Sydney)

  • Chester Brown (University of Sydney)

  • Christine Chappuis (University of Geneva)

  • Alessandro Checchi (University of Geneva)

  • Glenn Cohen (University of Sydney)

  • Han Dayuan (University of Renmin)

  • Jacques de Werra (University of Geneva)

  • Lu Haina (University of Renmin)

  • Ghena Krayem (University of Sydney)

  • Miiko Kumar (University of Sydney)

  • Patricia Lane (University of Sydney)

  • Ye Lin (University of Geneva)

  • Luke Nottage (University of Sydney)

  • Patrick Parkinson (University of Sydney)

  • Zou Qizhao (University of Renmin)

  • Marc-André Renold (University of Geneva)

  • Joellen Riley (University of Sydney)

  • Gian Paolo Romano (University of Geneva)

  • Alan Rycroft (University of Cape Town)

  • Tim Stephens (University of Sydney)

  • Tang Weijian (University of Renmin)

  • Sonya Willis (University of Sydney)

  • Julian Wyatt (University of Geneva)

  • Zhao Xiuwen (University of Renmin)

  • October 7, 2015

    Past Events