Alternative dispute resolution, Business Law and Ethics

Assignment Help:

"The liability of third party neutrals has been a topic of concern ever since the formalisation of dispute resolution in Australia.  Although there are no known cases in Australia of a third party neutral being sued for breach of contract, fiduciary duty or negligence, there is always the possibility that proceedings will be brought against a third party under such a cause of action.  This type of action needs to be distinguished from a mere failure to advise where the third party neutral is for example a lawyer, which would probably attract sanctions under the Legal Profession Act 1987 (NSW) for unprofessional conduct or professional misconduct."

1. What are origins of and the policy justifications for according immunity from suit to ADR neutrals?   Do you agree with these justifications?   Give reasons for your answer.

2. What are the possible sources of immunity from suit applicable to ADR neutrals and to what causes of action might such immunity apply?

Notes:

1. Each element of your answer should, in particular, discuss whether and, if so, how immunity may apply to both non-judicial and judicial ADR neutrals, in particular:

                (i) Mediators;

                (ii) Conciliators;

                (iii) Arbitrators; and

                (iv) Independent experts.

2. You should cite any relevant legislation, case law, policy documents and guidance issued by ADR institutions and institutional procedural rules in support of your answer.  Comparison with overseas jurisdictions would be appropriate.

3. For the avoidance of any doubt, your answer must discuss immunity from suit for ADR neutrals only.  You must not discuss the liability of third party legal advisers.


Related Discussions:- Alternative dispute resolution

Define the types of interaction, Define the types of interaction on which l...

Define the types of interaction on which literature can be found There are two types of interaction on which literature can be found. These are interactions within the legisla

Arbitral award, Arbitral Award However the decision of the arbitral tr...

Arbitral Award However the decision of the arbitral tribunal is referred to like an arbitral award. Therefore the terms of employment really require the arbitrator that must m

Define your point of view about international legal relation, Define your p...

Define your point of view about international legal relation. International legal relations: International law covers the matters which may occur between countries not li

Objects of the law society, Objects of the Law Society Whereas under s...

Objects of the Law Society Whereas under sec 4 of the Act society object as established are as: For maintain and improve the standards of learning and conduct of

Define qualified and absolute privilege, 1. What is purpose of section 91 a...

1. What is purpose of section 91 and section 92 of the Constitution Act, 1982? 2. Explain the risk assumed by an unlicensed tradesperson (eg. Electrician or Plumber) when ent

Merger accounting, MERGER ACCOUNTING: It may happen that, during a "ta...

MERGER ACCOUNTING: It may happen that, during a "take-over" of one company (A) by another company (B), shares in the latter company are issued to shareholders of the former co

Register of directors shareholdings, Register of Directors' Shareholdings: ...

Register of Directors' Shareholdings: Section 196(1) requires every company to keep a register showing the number, description and amount of any shares or debentures which are

Salient features of the fisheries and marine resources act, Question 1: ...

Question 1: The Ministry of Agro Industry & Fisheries has come up with a new Fisheries and Marine Resources Act to provide a coherent legal and institutional framework with a v

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd