With hopes that those in the northern hemisphere had a fun summer packed with arbitration-related events for themselves and their families, below are the answers to this year’s summer quiz. The answer keys to the crossword and the word hunt were published in August. While a Ph.d is not required to read the Kluwer arbitration…

Below are the answer keys to the international arbitration word search and crossword puzzle that accompanied the August 14, 2014 post Summer Arbitration Quiz 2014. The answers to the quiz itself will be posted in early September. Reminder: the first person to submit correct answers to the Summer Arbitration Quiz (or the one who comes…

Mid-August is that time in the northern hemisphere when absence from their cases makes vacationing arbitration professionals fidget at the beach or in the mountains. What to do after you have breezed through volume VII of Gary Born’s salacious yet authoritative “50 Shades of Arbitration Procedure”, discovered hundreds of folding patterns in the ICDR arbitration…

Arbitration service providers often seem to handle parties, especially in-house counsel, with gentle kid gloves. A good example is any “roundtable of in-house counsel”, which is now as common at arbitration conferences as children’s tables are at weddings. Just like at weddings, the adults occasionally wander over to check on things and ask, “did you…

In a case my business had a few years ago, the parties’ contract specified expedited procedures under the AAA’s Commercial Arbitration Rules. Immediately after the request for arbitration had been filed, the case manager of the ICDR, the AAA’s international branch, sent the parties a letter to warn us about this.(1) She pointed out that…

UNCITRAL’s Working Group II (Arbitration and Conciliation) will begin its 47th session today, July 7 , in New York. Among the items to be discussed is a proposal for a multilateral convention on the enforceability of international commercial settlement agreements reached through mediation. (See also this link.) The proposal, which has been put forth by…

Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments arise, a practitioner’s ability to negotiate effectively can sometimes be as important as their mastery of the subject matter. After all, what use is technical skill if you cannot deploy…

This is a response to yesterday’s post by Duarte Gorjão Henriques, “Incorporating IBA Guidelines Into A ‘Code of Ethics’: A Step Too Far?” My unambiguous answer to his title question is “right direction, not far enough!”. My response is from the perspective of an in-house counsel involved in negotiating dispute clauses in cross-border contracts. Henriques,…

This morning, a colleague in Asia forwarded me an article with news of the latest efforts by Singapore to establish itself as a preferred location for international dispute resolution: an ambitious initiative by the country’s Law Ministry to make Singapore a regional destination for international commercial mediation, and plans to create a Singapore International Commercial…

“The Gang of Four” (and I’m not making this up) is the name taken by four of Europe’s leading arbitration institutions to describe their loose affiliation for discussing common issues and sharing best practices. The “Gang” consists of the German Institution of Arbitration (DIS), the Milan Chamber of Arbitration, the Arbitration Institution of the Stockholm…

Improving the search for information about arbitrators Last week I received an invite to a summer gathering organized by English mediator, David Richbell. One of the events is “Speed dating: Senior mediators including, amongst others, Michel Kallipetis, Liz Birch, Nicholas Pryor available for ten-minute personal interview.” Imagine how such an innovative method for choosing an…

Construction work at the Florence Chamber of Commerce has forced the city’s arbitration and mediation services to relocate to new offices the city was able to scrounge up. This is the view from the fourth-floor conference room assigned to a mediation I attended yesterday. Talk about coping well in the face of adversity… Throughout many…

The new international survey on arbitral practices has just been released. Now in its fourth iteration, the survey has come a long way since its inception in 2006 at the School of International Arbitration of Queen Mary, University of London. While the first three surveys purported to measure in-house counsel attitudes about arbitration and the…

LONDON OLYMPICS, August 1, 2012 — Badminton officials took the extraordinary step today of tossing out four teams for deliberately trying to lose their preliminary matches. The eight disciplined players were found to have conducted themselves “in a manner that is clearly abusive or detrimental to the sport.” Imagine immediate (and less severe) consequences for…

Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular proceeding or party. My own comments follow each. I invite readers to amplify with their own views on how to handle these situations, or compare with issues they…

This is the time of year when law students and young lawyers begin to apply for their summer internships or jobs in international dispute resolution. Many – probably most – will carefully draft their curriculum vitae to show their serious commitment to relevant academic studies, experience in international disputes or with law firms, and participation…

Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of Evidence, for example, seek to strike a balance among different legal cultures. “Harmonization” and “flexibility” are the terms commonly used to refer to this mixing…

Even when I think I know what I’m doing (be it self-confidence or self-deception), I still find checklists can be useful. Sometimes they can help validate or compare processes with others, but mostly they are good at making sure I haven’t forgotten some critical step. Below is a checklist for when someone – a business…

This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As…

Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are some interesting observations from the empirical data that we unintentionally gathered. Conclusive Empirical Data about International Arbitration and Mediation Practitioners (“Practitioners”) As…

If you live or work somewhere in the northern half of the planet, odds are that at some point this summer you’ll find yourself on a beach, cityscape, mountain, or other scenic destination surrounded with children relaxedly drawing on their coloring pads, and grandparents working attentively at their crossword. What about those of us who…

I write this post on a train on the way home from a seminar held by the Milan Chamber of Arbitration (CAM) to introduce a new rule and guidelines that could be seen as a necessary next step in the trend towards greater efficiency in arbitration. Before commenting on where these new developments might take…

Conferences on arbitration frequently include a session on “drafting” dispute resolution clauses for international contracts. The term drafting is also included in the title of many articles, book chapters, and entire books. While the actual content that follows this topic heading is often helpful, especially for non-specialist in-house counsel and transactions lawyers, the term itself…