…the payment of monetary damages (Art. 22(b)). Outside court, parties have options regarding choosing mechanisms to resolve their disputes, including mediation and arbitration. So long as they have attempted to…
…international investment treaties, often without calibrating mechanisms that call for sequenced dispute resolution procedures (e.g. mediation, conciliation, negotiations, mini-trials, ombudsman compliance procedures, etc.) before triggering the adversarial, all-or-nothing dispute settlement…
…investigated the continent’s approach to resolving construction disputes. In terms of the most preferred mode of dispute resolution in the construction industry in Africa, respondents chose arbitration (36%), mediation (19.4%),…
…Mediation of the Ecuadorian-American Chamber of Commerce (“CAM-AMCHAM Ecuador Center”)’s new Arbitration Rules entered into force. These Rules follow an innovative approach, which allows for more flexible arbitrations and, at…
…and mediation handled by arbitrators and mediators with expertise in both domestic and international sports disputes. The TCAS also has specific procedural rules adapted to the needs of the sports…
…Model Law. In 2022, the same council published proposed legislation for the enforceability of settlement agreements arising out of international and domestic mediation, either through a new law or an…
…and the individual ADR disciplines of Arbitration, Adjudication and Mediation. It argues that ADR as a field needs to be clearer on the competence it is providing to users, in…
…an AFA, which is similar to the approach with respect to TPF.9)Article 98U of Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017; Article 49A of Legal Profession (Professional…
…inflows for India, could have been a CPTPP-like investment treaty with some further innovations. Those might include mandatory mediation before arbitration, as Australia agreed upon with Indonesia in 2019 but…
…on the author’s presentation of a paper at the Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration Week on 5 October 2022. The paper is entitled “Under…
…resulted in the topic of FY2022 spotlight: 2022 ICSID Rules and Regulations (for analysis see here). Throughout the years, other spotlights included Mediation (FY2021) and Technology (FY2020). Finally, perhaps the…
…arbitral tribunals with wide discretion to consider different factors when granting interim measures.1) See, e.g., American Arbitration Association, Commercial Rules and Mediation Procedures, amended and effective 1 October 2013, Rule…
…than arbitration — increasingly, mediation — to preserve both the relationship and the investment. Other issues explored included: (i) how to deal with time-sensitive disputes, (ii) how arbitrator nominations are…
The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted the annual Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration…
The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted this year’s Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration…
…IP-related disputes.” The World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center reports that its filings (arbitration, mediation and expert determination) increased by over 15% from 2018 to 2019, held…
…organization that focuses on mediation, and the Islamabad High Court Bar Association. This post presents highlights drawn from the two-day conference that are of interest to international audiences. The…
…the option to: (a) take recourse to mediation, (b) appoint a sole arbitrator, (c) agree on a compressed procedural schedule, (d) agree on a limited document production phase, and (e)…
…of provisions to promote mediation, expedited proceedings, the code of conduct for arbitrators, and the broad prohibition on double hatting. The second roundtable, which examined the use of technology in…
…and online. More than ten organizations partook in the event, including the Young Canadian Arbitration Practitioners (“YCAP”) and the Institut de médiation et d’arbitrage du Québec (“IMAQ”). YCAP’s bilingual panel…
…than 300 such appointments for Kenya and Nigeria. In the latter, The International Centre for Arbitration and Mediation of Abuja (ICAMA) has been identified as the leading institution in ad…
…resolution process in good faith. She noted that the timelines for negotiation and mediation should be kept short, and she agreed with Mr. Henderson that mediation should be offered over…
…Silicon Valley Arbitration and Mediation Center survey, have stated their concern that courts are more expensive than arbitration and do not have the same access to technology-specific expertise among adjudicators….
…this increasing complexity, speakers discussed the growing interest in combined dispute resolution processes, such as mediation, dispute boards and conflict avoidance boards. Wolf von Kumberg argued that from the perspective…
