…Management, which found that ADR practitioners are increasingly using mediation as the precursor for settlement. She noted that even if a settlement does not actually occur during an initial mediation,…
…noticeable increase in such resolutions in Latin America. However, alternative dispute resolution methods like mediation are still not as prevalent in the region. III. Mining Disputes in Latin America The…
…mediation windows, bifurcation of issues, narrowing contested issues, mid-arbitration reviews, and the tribunal’s issuance of their preliminary views, meaning instigating the parties with probing questions at – let’s say, after…
On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration…
…use of mediation and arbitration through additional legislation. More recently, in October 2024, Costa Rica enacted Law No. 10535 (“New Arbitration Law”), which will enter into force on 1 April…
…the Decision After the award was rendered by the sole arbitrator—award which acceded only in part to the Claim—the administrative assistants of the Santiago’s Center of Arbitration and Mediation (“CAM”)…
…for mediation or settlement early in the proceedings, such as during the first case management conference, and incorporating tools like a sealed offer clause in Procedural Order No. 1. Ms….
…leverage of the parties in the contract. Like their Chinese counterparts, parties in the Middle East place a high value on relationships, making negotiated settlements and mediation key components of…
…the materials were defective. The arbitration was conducted under the procedural rules of the Centre of Arbitration and Mediation of the Chamber of Commerce of Santiago (“CAM Santiago”), and the…
…international investment law. In contrast, the 2024 Law on Sustainable Investments provides multiple avenues for resolving claims through domestic court proceedings, mediation, or arbitration (Chapter VIII of the 2024 Law…
…mediation, supported by initiatives such as IPOS’s Revised Enhanced Mediation Promotion Scheme and the WIPO-Singapore ASEAN Mediation Programme, with an invigorating success rate of around 70%. The panelists agreed that…
The advantages of parties settling their disputes are self-evident. While there are several settlement facilitation techniques that arbitral tribunals have developed (see Carrara, Sussman & Berger and Vysudilova & Kirtley),…
…and arbitrators alike. Ms Eckhoff observed a leaning towards a Med-Arb process across the region, with PNG, for example, having encouraged mediation more generally through the enactment of the Alternative…
…communication between arbitrators and parties as key factors in driving efficiency. Streicher added that mediation could also enhance efficiency. Isepponi stressed that expedited proceedings and tools such as the SCC…
…the Parties have tried mediation before, there are often good reasons why no settlement is reached and in starting an arbitration the Parties seek a decision and not a settlement…
…meaning and practical reach have not been tested and are, on their face, rather unclear. Finally, SIFA also provides for mediation, but only subject to the Parties’ agreement, which, again,…
…the United Kingdom; as well as the Belgian Centre for Arbitration and Mediation (CEPANI), the German Arbitration Institute (DIS), the International Court of Arbitration of the International Chamber of Commerce…
…into two categories. The first category (Protocols A, B, and C) comprises the code of conduct for arbitrators, model provisions on mediation, and draft provisions on procedural and cross-cutting issues…
…around 30 billion USD. In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with…
…independent Patent Mediation and Arbitration Centre (“PMAC“). Although not yet operational, under Article 35(2) of the AUPC, the PMAC is empowered to resolve these disputes through mediation or arbitration, but…
…an opt-out basis. The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) introduced, in 2018, an Administrative Resolution regulating the proceeding of the Emergency Arbitrator, which…
…character of mediation does not stand in the way of such a binding obligation. A binding mediation clause may be beneficial to the parties because mediation has also proven successful…
Through Ruling No. 3232-19-EP/24, Ecuador’s Constitutional Court (“Court”) settled a long-standing discussion and confirmed that recognition prior to the enforcement of foreign arbitral awards is an unreasonable requirement in light…
…New Zealand International Arbitration Centre; Barbados Arbitration and Mediation Court of the Caribbean; Casablanca International Mediation and Arbitration Centre; International Chamber of Commerce; Singapore International Arbitration Centre; China International Economic…
