1. Complex Multi-faceted Tensions between Japan and Korea A media and geopolitical storm recently erupted after Japan introduced measures affecting exports to the Republic of Korea (Korea). Thunder sounded with Japan’s imposition of certification requirements on three chemicals needed by South Korean companies to make semiconductors, memory chips and displays for consumer electronics (the 4…

Our previous posting set out the background to the current trade tension between Korea and Japan. It outlined the possibility of Japan bringing claims under a 1965 Treaty that purported to settle claims resulting from Japan’s colonisation of Korea, or under two investment treaties, regarding Korean courts recently ordering Japanese companies to pay compensation to…

“Listening conveys respect to the speaker, which in turn engenders respect for the listener. People who are respected because they listen will have more influence when they speak.” Bill Marsh in Don’t Sit On Your Ass[ets] – Part 2: The Arguments. Over the last couple of months, the Kluwer Mediation Blog has offered posts on…

Arbitration is often used to resolve financial disputes in China. For example, China’s financial regulation organs, i.e., People’s Bank of China, China Securities Regulatory Commission, China Insurance Regulatory Commission and China Banking Regulatory Commission, each have made efforts in promoting the use of arbitration in their regulated areas of business. Data released by the Ministry…

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock”. Deepak Malhotra of Harvard Business School quoted by John Sturrock in Process…

“Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed by the dignity of difference.” Lord Rabbi Jonathan Sacks, The Dignity of Difference, quoted by Ian Macduff in “Signs of hope” Following on from yesterday’s post, this second post offers…

“[…] one of the several paradoxes of mediation is that in many cases, the more logical, the more persuasive the argument, the more contrary and extreme the response. And in fact, what is needed, is the ability of advocates, and more so mediators, to build trust and create rapport.  A mystical concept for some, instantly…

For many years, arbitration has been the de facto vehicle of choice for the resolution of investor-state disputes. However, despite the wholesale and widespread adoption of mediation in every sort of dispute, mediation is used rarely in investor-state disputes (Systra v. Philippines is one example). As of this writing, only 11 (1.3% of total ICSID…

The end of 2018 and the start of 2019 brought the usual diversity of posts on the Kluwer Mediation Blog.   Topics addressed include: recent legislation on mandatory mediation in Turkey, lessons on mediators’ liability from a New Zealand Court of Appeal decision, reflections from the recent “Tbilisi Mediation Days” conference in Georgia, and the recent…

As the end of the Year of the Dog approaches, we look back at five noteworthy developments in the arbitration world in PR China, Hong Kong and Central Asia and their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre…

“Mediating is, in the end, service. Humility is its fertile soil.” Bill Marsh in “David Richbell – Lessons in Life and Mediation” The last couple of months have offered a collection of compelling posts on the Kluwer Mediation Blog. From the analysis of court decisions in Canada and Singapore on the enforcement of mediated settlement…

Introduction Unquestionably, Spain captures the highest percentage of arbitration procedures for cuts applied to renewable energies, accumulating almost thirty ongoing lawsuits from foreign investors, with claims pending in the ICSID, in the SCC and in the ICC arbitrations. Spain as the respondent was successful in the first two arbitrations, but these were unique cases and…

Are litigation, arbitration and mediation competitive, collaborative or cooperative? Is litigation becoming an “alternative” to “alternative dispute resolution”, especially keeping arbitration on top of its game? Are mixed processes or combined regimes becoming the preference? These questions were part of the timely and timeless theme for this year’s Taipei International Conference on Arbitration and Mediation…

“In every negotiation the most important work is done by those in the shadows.” Ian Wishart, as quoted by Bill Marsh in “Personal Connections.” August and September offered a particularly varied and vibrant selection of posts on the Kluwer Mediation Blog. The topics addressed, to name just a few, include: developments in the creation of…

In the world of International Arbitration (“IA”), one distinguishes between commercial arbitration and investment arbitration, the latter widely referred to as Investor-State Dispute Settlement or ISDS, as a dispute resolution mechanism based on bilateral treaties, multilateral treaties, and free trade agreements. IA is lauded as the best method for dispute resolution in international trade. This…

“We believe that it is in the interests of our world as a whole and our own communities in particular that difficult issues are discussed with civility and dignity.”   These are the opening words of the Edinburgh Declaration of International Mediators, which was launched at the International Academy of Mediators Conference in Edinburgh in May….

In April we welcomed two new regular writers to the blog: Rick Weiler from Canada and Alan Limbury from Australia. The usual breadth of posts continued last month with posts from writers in New Zealand, Germany, Singapore, Romania, Scotland, the UK, Canada and Australia. A brief summary of each of last month’s posts appears below….

“It turns out that the “little things” are in fact the “big things”. Forget to focus on them, and we are doomed to fail. Forget to value them, and we will find ourselves chasing shadows and permanently dissatisfied.” Bill Marsh This wonderfully wise advice from Bill Marsh’s latest post on the daily work of the…

With posts on the new Japan International Mediation Centre, on reflections from the coach of the winning team in the recent ICC Mediation Competition, on top TED talks for mediators, and finally on analogies between cricket and mediation, there is something for everyone in the posts from the Kluwer Mediation Blog in February. Below you’ll…

From lessons learnt from Lord Hope’s diaries and the memoirs of Ken Newell (a Presbyterian Church minister in Northern Ireland) to a debate at the recent Lex Infinitum competition on whether the role of the mediator can be overrated, the first month of 2018 has offered up the usual variety of posts on the Kluwer…

The last month of 2017 offered up a rich assortment of posts on the Kluwer Mediation Blog. These include Sabine Walsh’s very useful summary of the European Parliament’s recent resolution on the implementation of the European Mediation Directive, and an interview by Bill Marsh with Michael McIIwrath on what users really want from mediators and…

Ireland’s new mediation law, a strategy for the implementation of mediation within the Ukrainian court system, the lessons emerging from the Global Pound Conferences, developments in Online Dispute Resolution… these are just a handful of the topics which were addressed on the Kluwer Mediation Blog in November. Below you’ll find a very brief summary of…

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR) Recently, a series of day-long meetings styled as the Global Pound…

With reviews of new mediation laws in Ireland and Vietnam, an assessment of how well Barnier and Davis are performing as negotiators in the crucial and complex Brexit negotiations, and highlights from Collaborative Scotland’s bus tour which took the message of mediation across Scotland, October has offered an engaging variety of posts on the Kluwer…