Access to Civil Justice in Commercial Disputes: Exploring the Role of ADR
Thursday 24th August | 1.50 pm
Speakers: Peter W Jones, Dr Petra Butler and Nicola Swan
Overview:
This panel discussion aims to delve into the role of alternative dispute resolution (ADR) in promoting access to civil justice, particularly in the context of commercial disputes. The panelists will examine how ADR, including arbitration and mediation, can effectively address the challenges and gaps within commercial justice systems. They will explore the potential of ADR practices to provide a more accessible and efficient means of resolving commercial disputes compared to traditional litigation. The session will draw upon examples from various disciplines, highlighting successful approaches such as pre-action protocols and other relevant civil proceedings.
Peter W Jones
LL.B., M.Com.Law(Hons), FAMINZ (Arb), FCIArb, FANZCN
For four and a half decades, I mainly worked as a lawyer negotiating and implementing commercial, construction, and property transactions, and represented the New Zealand establishments of transnational businesses as well as local ones. Negotiating and drafting contracts, and then making deals work, have been the essence of my professional life.
I am now principally an arbitrator, mediator, adjudicator and conciliator. I have been, however, a university senior lecturer in law, and practised as a barrister sole. I have worked in the interesting jurisdictions of the Māori Land Court and the Māori Appellate Court, in recent times mainly advising large ahu whenua trusts.
I’ve also captained New Zealand representative teams in international competition in two different sports.
Speaker session: Access to Civil Justice in Commercial Disputes: Exploring the Role of ADR Panel Discussion
Dr Petra Butler
Petra specialises in domestic and international human rights, public and private comparative law, and international commercial law with an emphasis on international commercial contracts and dispute resolution. She has published extensively in those areas (including together with Andrew Butler, The New Zealand Bill of Rights Act 1990: a commentary (2nd ed, Lexis Nexis, 2015) and together with the late Professor Peter Schlechtriem, UN Law on International Sales (2nd ed, forthcoming)) and regularly is invited to speak at conferences, workshops and seminars.
In addition, she teaches and consults on the law of unjust enrichment. Petra has particular expertise in law reform and has most recently lead the Commonwealth Secretariat study into international commercial arbitration.
Speaker session: Access to Civil Justice in Commercial Disputes: Exploring the Role of ADRPanel Discussion
Nicola Swan
Nicola is a Wellington-based litigation and dispute resolution partner at Chapman Tripp, with particular expertise in climate risk. She also lead’s the firm’s international law practice. Nicola co-authored the 2019 New Zealand legal opinion on fiduciary duties and obligations on boards of directors and fund managers to consider climate risk to businesses and investments and is frequently approached to advise businesses, particularly boards of directors, on the litigation and financial risks arising from climate change. Nicola speaks regularly on climate risk and environmental, social and governance (ESG) risk management in business, and in 2020, co-authored Managing Climate Risk in New Zealand – a Tool Kit for Directors, in conjunction with The Aotearoa Circle. Nicola practised for seven years in London, and earlier at the Ministry of Foreign Affairs, representing the New Zealand Government before the United Nations at various international negotiations including the UNFCCC climate change negotiations. She is a current member of the IBA’s Arbitration Sub-Committee on Environmental, Social and Governance issues and had extensive involvement with the IBA’s Climate Change Task Force. She is also an immediate past member of the ICC’s Task Force on Climate Change Related Arbitration. Nicola is recognised as a leading advisor by Who’s Who Legal 2021 and a rising star by Legal 500 Asia Pacific 2021.
