To emerge from a fragile post-conflict situation, a state must undergo a process of reconstruction. Such a process begins with a peace agreement, a ceasefire agreement, or other cessation of hostilities. Those circumstances provide a window of opportunity for a peace-dividend. Reconstruction in post-conflict societies is a complex undertaking with an array of urgent and…
Riding on the waves of the Singapore Convention Week and the IP Week @ Singapore, the Chartered Institute of Arbitrators (“CIArb”) and the Intellectual Property Office of Singapore (“IPOS”) co-hosted a conference on Intellectual Property (“IP”) and Technology Dispute Resolution on August 29, 2024. The event featured speakers and panelists from the Singapore and English…
On 12 July 2024, the Dutch Supreme Court (the “Supreme Court”) rendered its much anticipated decision on whether clauses providing for mediation as a procedural step before arbitration (or court litigation) are binding upon the parties, requiring an arbitral tribunal (or court) to decline jurisdiction to hear the case or, at least, requiring a stay…
The centerpiece of the 2024 London International Disputes Week was the full day main Conference on Tuesday, 4 June, bringing together leaders from across the dispute resolution world to discuss the topical issues of the moment under the theme of Uniting for Global Challenge and Opportunity. The Conference was opened by Luke Harrison, partner…
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration. More widely, there has been quite extensive discussion on case law and…
The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022. The case concerned a multi-tiered dispute resolution clause providing for mediation then arbitration. The parties’ agreement in this case, however, was atypical, as…
On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “Key Issues in International Dispute Resolution: 2023.” The program concluded the fifth-annual New York Arbitration Week, which ran from November 13 through November 17, hosted by NYIAC and CIArbNY. The program was a fitting capstone to…
The meteoric rise of eSports in recent years has been a remarkable cultural phenomenon. What began as a niche activity enjoyed by a small group of enthusiasts has exploded into a global industry with millions of fans, thousands of professional players, and prize pools that can exceed tens of millions of dollars. The recent launch…
The French Supreme Court (“Cour de cassation”) has ruled (1st February 2023, No. 21-25.024) that the breach of a mediation clause is not a matter of jurisdiction and as such cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented…
On March 7, 2023, the virtual conference organized by the United Nations Commission on International Trade Law (UNCITRAL), as well as the Latin American Arbitration Association (ALARB) titled “Dispute Resolution in the Digital Economy” took place, within the context of UNCITRAL’s Working Group II works on dispute resolution and digital economy. During this conference, arbitration…
The dispute resolution landscape in Japan is almost unrecognisable from the position 20 years ago. In that time, Japan has evolved into a significant market for cross-border contentious legal matters. Sophisticated Japanese corporations with significant overseas business are comfortable using international arbitration and mediation as methods of dispute resolution. 86% of the case load of…
On the second day of the 2022 LIDW, LIDW members gathered in the Westminster Hall Center to discuss this year’s topics: Dispute Resolution – Global, Sustainable, Ethical? The Keynote Address The keynote address was given by Lucy Greenwood, (Greenwood Arbitration, Campaign for Greener Arbitration), Jenny Hindley, (Mishcon de Reya, Greener Litigation) and John Sturrock QC, (Core Solutions,…
Ever since the Chinese government officially adopted it in 2013, the Belt and Road Initiative (BRI) has evolved restlessly. Yet, ten years later, its exact delineations are still somewhat blurry: the global infrastructure project encapsulates all at once a vision, a strategy and a policy. One certainty, however, remains constant. The BRI is and will…
The draft of this blog post was prepared before the war in Ukraine began. On 16 November 2021, the Law on Mediation was adopted in Ukraine (the “Mediation Law“). It introduced mediation as an alternative dispute resolution mechanism and allows parties to civil, commercial, labour, administrative and even some criminal disputes to resort to mediation…
In 2021, ICSID conducted an extensive survey of dispute resolution clauses in bilateral investment treaties (BITs), free trade agreements (FTAs) and other treaties (including model treaties). The data set comprised more than 900 treaties, from which nearly 350 clauses were identified for closer analysis. The overarching goal of the survey was to see to what…
On November 15, 2021, the AAA-ICDR hosted a webinar entitled “In-House Counsel’s Virtual Roundtable” as part of New York Arbitration Week. The webinar focused on the use of alternative dispute resolution in the oil and gas industry. The panel was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel and Corporate Secretary for…
London International Disputes Week (LIDW) 2021 commences today and promises to deliver – in an online format, this time – a week full of exceptional events focused on dispute resolution (and London). As such, and as in 2019, LIDW focuses on more than just arbitration. The second session of the first day of LIDW 2021,…
New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to bring them in line with other major institutional rules. Changes include express provisions regarding “e-arbitrations” (e.g. Rule 14) and to consolidate proceedings even in “chain…
It is important to first define what are hybrid mechanisms in international dispute resolution. As Voltaire once stated, ‘If you wish to converse with me, define your terms’. Hybrid mechanisms refer to processes that involve and combine more than one dispute resolution mechanism. Hybrid mechanisms take a variety of forms. By way of illustration, Singapore…
The Third Annual Schiefelbein Global Dispute Resolution Conference took place on Friday, January 15, 2021. The conference was hosted by the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law and generously supported by Les and Linda Schiefelbein. This post distills selected topics and highlights from the conference – including comments from…
There may have been a lot of government restrictions limiting physical gatherings this year, but these restrictions surely did not limit our enthusiasm in gathering (virtually and intellectually) for the first-ever United Nations Commission on International Trade Law (‘UNCITRAL’) Working Group III (‘WGIII’) Pre-Intersessional Meeting. The virtual event, with the theme “The Use of Mediation…
On November 16th, 2020, the AAA-ICDR hosted a webinar entitled In-House Counsel’s Virtual Roundtable as part of New York Arbitration Week. The session comprised of in-house counsel from various industries discussed their views and approach to international arbitration from their respective fields. It was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel…
On 5-6 November 2020, reputable arbitration practitioners joined together for the 9th Asia Pacific ADR Conference and shared their experiences and insights on the latest developments in the arbitration landscape. Due to the ongoing COVID-19 pandemic, the annual conference took place virtually. It successfully attracted approximately 15,000 participants across 50 countries. The event was co-hosted…
Of the six States that have ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Convention”) only Singapore seems to have made any requisite preparation for its implementation, by passing the Singapore Convention Mediation Act in February 2020. Yet, following the Convention’s entry into force on 12 September 2020, forthcoming developments in…
