…some of which have been addressed in the 2024 AI Act and the 2024 guidelines set out by the Silicon Valley Arbitration & Mediation Center (“SVAMC”). Whilst these risks and…
…Some arbitral institutions led the way. The Silicon Valley Arbitration & Mediation Center (“SVAMC”) published guidelines to mitigate risks, such as AI-generated errors, and ensure procedural integrity. Meanwhile, the Stockholm…
…Supreme Court did not provide a definitive ruling, it noted that multi-tiered dispute resolution clauses may impose an obligation on parties to attempt mediation before proceeding to arbitration or litigation….
…of call center interactions involve dispute resolution. Of course, dispute resolution in the context of the call center is not the same as many commercial arbitration or mediation matters, but…
…looting. Time for a Rethink: The Coming of Mediation Parties at the senior management and/or General Counsel level have grown increasingly frustrated by the pitfalls of arbitration. Mediation empowers each…
…Carlotta Bruessel (Nishimura & Asahi, Tokyo) introduced the Silicon Valley Arbitration & Mediation Center (SVAMC)’s guidelines on the use of AI in arbitration, which are currently the most comprehensive. Mr….
…JCAA Professional and Institutional Relations Officer), Dr. Helena Chen (Chen & Chang, Taiwan) shared her positive outlook on the combination of arbitration and mediation under the JCAA’s Commercial Arbitration Rules…
…(e-book) This book review of Contemporary Issues in Mediation: Volume 8 (2023) critically examines a collection of nine essays addressing novel and pressing challenges in modern mediation practice. The book…
…including arbitration, mediation, and conciliation”. It is arguable whether this constitutes an offer from the KSA to arbitrate, requiring only the investor’s acceptance or whether the state’s agreement is also…
…part in increasing gender diversity in arbitration and mediation in KSA. The SCCA appointed its first female mediator in 2020. In 2021, it reported the first mediation in which both…
…push for mediation as a first step in the dispute resolution process. However, DAB and mediation remain purely ‘contractual’ and do not benefit from the same support as arbitration in…
…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…
