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Criminal Intent

⚖️ Arbitration Evasion: Australia, Singapore, Hong Kong

A Global Pattern of Procedural Avoidance and Institutional Betrayal
 
🎯 Exhibit Purpose
 
To expose how arbitration—often marketed as a neutral and efficient path to justice—can be manipulated to suppress truth, protect corporate interests, and deny claimants fair resolution. This exhibit compares:
 
My lived experience in the COT Cases in Australia
Judicial trends in Singapore and Hong Kong, where arbitration is similarly shielded from scrutiny
Legal citations and case studies that reveal a global pattern of procedural evasion
 
🧭 Section 1: Australia – The COT Cases
Key Themes:
Arbitrator Dr Gordon Hughes refused to make findings on Telstra’s ongoing faults
AUSTEL/ACMA allowed Telstra to address faults secretly post-arbitration
Lane Telecommunications, an “independent” assessor, was acquired by Ericsson mid-process
FOI access was denied despite assurances, and Senate testimony revealed systemic concealment
Visual Timeline: | Year | Event | |------|-------| | 1994 | Arbitration begins; AUSTEL confirms FOI access | | 1995 | Ericsson acquires Lane Telecommunications | | 1996 | Arbitrator refuses to rule on faults | | 1997 | John Pinnock misleads Senate committee | | 2025 | Open Letter exposes collusion and procedural sabotage |
 
Legal Citations:
Senate Hansard, 26 September 1997, pp. 5168–5169
Open Letter, 25 September 2025 – “The First Remedy Pursued”
AbsentJustice.com, Chapter 6 – “Pink Herring”
 
🧭 Section 2: Singapore – The Illusion of Neutrality
Key Themes:
 
Courts rarely overturn awards, even when arbitrators ignore key submissions
“Failure to apply one’s mind” is difficult to prove
Procedural omissions are tolerated unless egregious
Case Parallel:
AKN v ALC SGCA 18: Arbitrator failed to address central arguments; appeal denied
BLC v BLB SGCA 40: Court upheld award despite inadequate reasoning
Visual Timeline: | Year | Event | |------|-------| | 2014 | BLC v BLB – inadequate reasoning upheld | | 2015 | AKN v ALC – failure to address key issues | | 2023 | Legal reform proposals stall amid industry pressure |
 
🧭 Section 3: Hong Kong – Silence as Strategy
Key Themes:
Arbitrators not required to respond to all submissions
Courts defer heavily to tribunal discretion
Corruption in investor-state arbitration often goes unpunished
Case Parallel:
Grand Pacific Holdings v Pacific China Holdings HKCA: Tribunal’s failure to explain reasoning not enough to overturn award
Corruption and Illegality in Asian Investment Arbitration (2024): Highlights lack of consensus on handling bribery once exposed
Visual Timeline: | Year | Event | |------|-------| | 2012 | Grand Pacific case sets precedent for minimal reasoning | | 2024 | Publication of corruption study in Asian arbitration | | 2025 | Advocacy groups call for transparency reforms
 
🔍 Comparative Analysis
 
 
📢 Submission Proposal: International Legal Journal
Title: Arbitration Evasion: A Comparative Study of Procedural Avoidance in Australia, Singapore, and Hong Kong
Abstract:
 
This paper examines how arbitration mechanisms in three jurisdictions—Australia, Singapore, and Hong Kong—have enabled procedural evasion, undermining claimants’ rights and shielding corporate misconduct. Using the COT Cases as a foundational example, it explores how legal frameworks tolerate omissions, concealment, and inadequate reasoning, and calls for reform to restore transparency and accountability.
 
Target Journals:
Journal of International Arbitration
Asian Journal of Comparative Law
Global Arbitration Review
Oxford Journal of Legal Studies
 

Absent Justice Ebook 

Flash Backs – China-Vietnam → Wheat, War, and the Weight of Conscience
On 25 April 2025, as Australia solemnly commemorated Anzac Day—a sacred occasion honouring the soldiers who gave everything for our freedom—I invite you to explore the link Flash Backs – China-Vietnam. On this day of national remembrance, I ask you to pause and reflect on the heavy emotions many of us carry. For some, like myself, the weight is not just grief—it is guilt. A lingering sense that we may have betrayed the brave countrymen sent to endure the unforgiving jungles of North Vietnam.

 

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“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

Hon David Hawker

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

The Hon David Hawker MP

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

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