Arbitration
In his decade of experience at the Bar, Justin has advised and appeared in numerous factually complex and legally technical matters. His expertise developed during this time has fortified Justin’s forensic judgment and nuanced assessment of disputes. The combination of his experience and extensive education, in both domestic and international commercial arbitration, make him an ideal selection to act as an arbitrator or tribunal secretary.
Justin is a Member of the Chartered Institute of Arbitrators, and a Graded Arbitrator with the Resolution Institute. He has also completed the Diploma of International Commercial Arbitration of the Chartered Institute of Arbitrators, and the Professional Certificate in Arbitration at The University of Adelaide.
In Australia, Justin is available to be briefed to appear as counsel before an arbitrator or tribunal in domestic commercial or family law arbitrations, or international commercial arbitrations, and to sit as a tribunal in domestic commercial arbitrations.
Justin also operates his international commercial arbitration practice from Australia and is available to be engaged as a tribunal secretary or tribunal member. Justin has completed the Tribunal Secretary Training Programme with the Hong Kong International Arbitration Centre.
If you have an upcoming arbitration, please contact Anna Svenson at clerks@svenson.com.au or call +61 3 9225 7900, for Justin’s availability and fees, or to conduct a conflict check.
Professional Qualification & Memberships
Diploma of International Commercial Arbitration, Chartered Institute of Arbitrators
Professional Certificate in Arbitration, The University of Adelaide
Certificate in Sports Arbitration, Asian International Arbitration Centre
Tribunal Secretary Training Programme, Hong Kong International Arbitration Centre
Member, Chartered Institute of Arbitrators
Graded Arbitrator, Resolution Institute
Member, Institute for Transnational Arbitration
Member, International Council for Commercial Arbitration
What is Arbitration
Arbitration is a preferred alternative form of dispute resolution to litigation. It is an increasingly popular way to determine commercial disputes. Terms are included in an agreement between parties to resolve disputes with a jointly appointed arbitrator (or, especially in complex or international arbitrations, a tribunal of three arbitrators). It is the most formal of the alternative dispute resolution processes because it results in a final and binding award that will be recognised and enforced in ways similar to a court judgment.
The International Arbitration Act 1974 (Cth) and the uniform Commercial Arbitration Acts govern arbitrations. While they mirror the court process, the arbitrator has broad discretion as to how arbitrations are conducted, subject always to the consent of the parties themselves as to how they choose to conduct the process, and ensuring equality of treatment and providing each party with an opportunity to present its case.
Arbitration is increasingly recognised as a viable alternative to litigation before the courts because of the protracted costs and delays commonly associated with those processes. Further, in domestic commercial arbitrations and unlike ordinary civil litigation, a limited right of appeal is available (upon grant of leave) concerning questions of law.