Login
New arbitration scheme to address civil litigation backlog
Although courts will begin to address the COVID-19 backlog, civil litigation may still be left behind. Speaking to Lawyers Weekly, two barristers explain how a new arbitration scheme at their Sydney chambers will begin to pick up this slack.
Naomi Neilson
While Australian courts adapted quickly to the COVID-19 pandemic, they still struggled to avoid a backlog. Now that courts are opening up again, two barristers told Lawyers Weekly that while the justice system turns its attention to clearing out the criminal work, civil litigation may be left behind and will be in need of some renewed attention.
The arbitration scheme enables parties and legal representatives to have disputes that are decided privately and quickly. It will provide expedited determination to alleviate a backlog of civil litigation cases by highly experienced barristers. The scheme also promises to be affordable, capping fees for cases where the amount in dispute is under $2,000,000.
“Economical and predictable is what they want, something they can live with. We have addressed this, partly by capping the number of hearing days,” said Mr Brabazon. “The costs aren’t just the arbitration fees [either] – it’s the lawyer’s fees too so we have set up a schedule of our own fees and done that in three seniority bands.”
Professor of international law and international arbitration Chester Brown said that the immediate reaction following COVID-19 was that it was going to be difficult for parties involved in civil litigation because they were unlikely to get a hearing until 2021. There were parties not content with delays, who “just want to get on with their business”.
“We see this as offering a service and the possibility for parties in disputes who found themselves in that situation where they don’t want to have to wait [for] some point in 2021, if they’re even lucky to get a court date,” Mr Brown said. “They can approach us, and they can get their [dispute completed] just, quick and cheap.”
Members of the 7th Floor Wentworth Chambers regularly appear in arbitrations around Australia and overseas, said Mr Brown. The floor is recognised consistently for all the particular individuals that practice as an arbitrator, both in Australia and internationally.
“The people on the floor involved in the scheme are among the most experienced and active practitioners in the field of arbitration in Sydney and in Australia,” said Mr Brown. “We have a great deal of experience, expertise and a wealth of knowledge.”
Mr Brabazon added that having this variety of expertise and experience assisted with the process of setting up the arbitration scheme: “It was an exercise of collegiality and everybody putting in with quite different expertise and insights.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
