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New York Arbitration Week 2021 Redux & Interviews with Our Editors: A Look into the State of Play of International Arbitration with Louis B. (Benno) Kimmelman and Edna Sussman

Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and Rekha Rangachari (New York International Arbitration Center)/December 10, 2021December 10, 2021 /Leave a comment

…arbitration, with non-adjudicative processes, such as conciliation or mediation). The Mixed Mode Task Force is a combined effort by the International Mediation Institute (IMI), College of Commercial Arbitrators (CCA) and…

Mediation, New York Arbitration Week, Virtual hearings

New York Arbitration Week 2021 Redux: The In‐house Counsel’s Roundtable: Discussion on Their Approach to an International Oil and Gas Arbitration

Luis M. Martinez (International Centre for Dispute Resolution American Arbitration Association (ICDR-AAA))/December 9, 2021December 7, 2021 /Leave a comment

International Centre for Dispute Resolution (ICDR)

…Mediation Clauses to Agreements Citing the panel’s positive experiences with virtual mediations, Mr. Tuchmann asked if this has led to the incorporation of mediation clauses in agreements. Ms. Blades stated…

Construction arbitration, ICDR, M&A

Latest Arbitration Trends and the New ICDR International Dispute Resolution Procedures: Highlights from the BIAC – ICDR Conference

Andra Curutiu/November 24, 2021November 23, 2021 /Leave a comment

…the pre-arbitral procedure. In this sense, there was an update in the international mediation procedures, and international arbitration as well as mediation best practices were incorporated. Ms. Quiroz mentioned that…

Admissibility, English courts, English Law, Jurisdiction, Pre-arbitral procedure, UK

Pre-Arbitration Conditions: the English High Court Provides Further Clarity in the Admissibility v Jurisdiction Debate

Yahia Boussabaine, Ronan O'Reilly (Jenner & Block)/November 22, 2021November 21, 2021 /Leave a comment

Arbitration agreements often provide that certain procedural steps must be undertaken before arbitration is commenced, such as mediation or negotiation. This provides a ‘cooling-off period’ in which the parties can…

M&A, Paris Arbitration Week

Paris Arbitration Week: Non-Monetary Relief in International Arbitration of M&A Disputes

Ioana Knoll-Tudor (Addleshaw Goddard LLP)/November 18, 2021November 18, 2021 /Leave a comment

Jeantet

…capacity to be an instrument in the furtherance of mediation and negotiations, which can safeguard the parties’ commercial relationship. The second scenario in which DR is particularly useful is where…

arbitration rules, CMAP, France, Paris

The New and Improved CMAP Rules of Arbitration: Continuity and Innovation

Flore Poloni, Tara Farasat (Signature Litigation Paris)/November 10, 2021November 6, 2021 /Leave a comment

Established in 1995 by the Paris Chamber of Commerce and Industry, the Paris Centre for Mediation and Arbitration (“CMAP”) is a prominent Parisian institution specializing in both arbitration and mediation,…

Amparo, Creeping expropriation, Energy counter-reform, Impact, Mexico

The Mexican Energy Counter-Reform – Impact and the Illegality Threshold (Tenth Investment Arbitration Forum: Part I)

Arthur Tochetto Dal Piva, Maria Victoria Ferraz/November 3, 2021October 19, 2021 /Leave a comment

…which should be used for finding amicable solutions. This period might be dedicated to mediation using, for example, the services of the Energy Community, an international organization based in Vienna….

CAS arbitration, OECD, Paris Arbitration Week, PCA, WIPO

Paris Arbitration Week: International Organizations as Users and Providers of International Arbitration

Bruno Savoie (City-Yuwa Partners )/November 2, 2021October 8, 2021 /Leave a comment

…PCA as Providers of International Arbitration Heike Wollgast, head of the IP disputes section at the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center (the WIPO Center), presented the…

Achmea, Intra-EU BITs, Intra-EU ISDS, PL Holdings

CJEU Extends Achmea to Ad Hoc Arbitration Agreements Identical to Intra-EU BITs’ Arbitration Clause

Guillaume Croisant (Linklaters)/October 28, 2021October 28, 2021 /Leave a comment

…a Multilateral Investment Court currently discussed at UNCITRAL), as well as extending and improving the “Solvit” mediation mechanism (on the latter, see Commissioner Mairead McGuinness’ EuroCommerce Policy Talk on “Finance…

Climate change, Dispute Resolution, Energy, Governmental policies, HK Arbitration Week, Renewable energy

Hong Kong Arbitration Week Recap: Renewables in a Rapidly Changing World

Ing Loong Yang (Latham & Watkins LLP)/October 27, 2021October 29, 2021 /Leave a comment

…considered that mediation could provide an efficient and useful mechanism if parties wish to resolve disputes swiftly. Swifter resolution of renewables-related disputes (via mediation) is potentially significant, as delivering these…

Bias, Canada, CanArb Week, Confidentiality, Confidentiality and Transparency, Diversity, Early Determination, Efficiency, Third party funding

Highlights from CanArb Week 2021: “New World New Rules” Tackles Transparency, Efficiencies, and Canadian Developments in Arbitration

Jocelyn Turnbull Wallace, Heather Maki (McCarthy Tétrault LLP)/October 20, 2021October 18, 2021 /Leave a comment

…translate to cost savings for clients. The panelists also tackled the emerging trend of a mediation-arbitration hybrid model which is gaining attention following the domestic 2020 ADRIC Med-Arb Rules. Though…

ACICA, Interviews with Our Editors

Interviews with Our Editors: Reflecting on Arbitration Down Under with Georgia Quick, President of the Australian Centre for International Commercial Arbitration

Nick Papadimos/October 4, 2021October 2, 2021 /Leave a comment

…This allows ACICA to resolve questions of independence, impartiality and availability before any arbitrator is appointed. Requiring tribunals to introduce the possibility of using alternative dispute resolution mechanisms, including mediation,…

Arbitrators, Diversity

ARBinBRIEF: New Initiative Kicking Off With A Group Of Trailblazers

ARBinBRIEF/October 2, 2021July 5, 2022 /Leave a comment

…clients – and that is when iResolve was born. Initially a case management solution, it has now developed into a platform that facilitates mediation, arbitration, and adjudication processes. Although initially…

Intellectual Property, Paris Arbitration Week

Paris Arbitration Week: Arbitration and Trade Secrets

Estelle Hiard, Angelina Boland (Linklaters LLP)/October 1, 2021September 30, 2021 /Leave a comment

The Silicon Valley Arbitration & Mediation Center (SVAMC) held a virtual panel discussion on Arbitration and Trade Secrets during the Paris Arbitration Week. SVAMC’s CEO, Les Schiefelbein, opened the event…

foreign direct investment, Foreign Investment Law, Interview, Interviews with Our Editors, investor-State arbitration and mediation, ISDS, ISDS Reform

Interviews with Our Editors: Illuminating Investment Treaty Arbitration and Institutional Services with Antonio R. Parra, Former Deputy Secretary-General of the ICSID

Ylli Dautaj (Durham Law School) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/September 29, 2021November 30, 2021 /Leave a comment

…growing popularity of investor-State mediation and the intensified attention being paid to ways of cutting the duration of arbitration proceedings. On mediation, I refer especially to the mediation rules that…

ADR, WIPO, WIPO Arbitration Rules

Revision of the WIPO Arbitration Rules: Adapting to an Increasingly Remote Setting In Technology Disputes

Weronika Rydzinska (Delta Capital Partners Management)/September 27, 2021September 27, 2021 /Leave a comment

…in its revisions to its Rules. Background WIPO is a global forum for intellectual property and one of the United Nations (UN) specialised agencies. Its Arbitration and Mediation Centre…

COVID-19, Force majeure, Investor-State arbitration, ISDS, ISDS Reform, SIAC, SIAC Congress

SIAC Congress Recap: The Multi-Million Dollar Question – Will the Pandemic and Governments’ Response to it Lead to a Spike in Investor-State Arbitrations?

Trina Tan (Omni Law LLC)/September 12, 2021September 11, 2021 /Leave a comment

YSIAC

…reform of substantive protection standards to tilt the balance in favour of the host state, such as by introducing temporary moratoria on claims arising from pandemic-related measures. Mediation Mr…

Arbitration Agreement, China, Courts, Multi-tiered clauses, Pre-arbitral procedure

Multi-tiered Clauses in China: How Courts Navigate the “Dismal Swamp”

Peter A. Neumann (Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution) and Yahan Lu (CIETAC)/September 10, 2021September 9, 2021 /Leave a comment

…that a tiered clause specifying institutional mediation was “clear”. The court also noted that the respondent had satisfied the pre-condition by submitting the dispute to mediation before the competent “real…

Arbitration Act, Ecuador, International Commercial Arbitration, Latin America, regulation

The Wait is Over: Ecuador Enacts Regulations to its Arbitration and Mediation Law

Andrés Larrea (Tobar ZVS)/September 1, 2021August 30, 2021 /Leave a comment

Ecuador´s Arbitration and Mediation Law (“AML”) was enacted in 1997 and amended in 2015. However, the AML did not count with regulations until August 2021. Given that some provisions contained…

FRAND arbitration, Intellectual Property, Technology

Are we FRAND now?

Piergiuseppe Pusceddu (University of Tilburg)/August 26, 2021August 24, 2021 /Leave a comment

…Mediation Center (the WIPO Center) developed a set of guidelines – ‘Guidance on WIPO FRAND Alternative Dispute Resolution (ADR)’ (WIPO Guidelines). The Guidelines aim to help parties, counsel and prospective…

Arbitration Institutions and Rules, Brazil, Case Management, Commercial Arbitration, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America

Interviews with Our Editors: In Conversation with Eleonora Coelho, President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC)

Enrique Jaramillo (Locke Lord LLP) and Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills)/August 23, 2021August 20, 2021 /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Coelho! We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada…

ADR, SCC, SCC Rules

SCC Express: A Shortcut or A Detour?

Anna-Maria Tamminen, Marcus Nyberg (Hannes Snellman)/August 4, 2021August 2, 2021 /Leave a comment

…proceedings. What Do You Get for EUR 29,000? SCC Express is a hybrid between mediation and arbitration. The proceedings may therefore be more inquisitorial compared to a typical arbitration….

Investment Arbitration, Investment Disputes, VIAC

VIAC Rules Revision 2021 Part II: The New VIAC Rules of Investment Arbitration and Mediation

Veronika Korom (ESSEC Business School, Paris; Paragon Advocacy)/July 28, 2021July 26, 2021 /Leave a comment

…VRI contain separate rules for the conduct of mediation of investment disputes as a flexible and cost-effective alternative to arbitration. Disputing parties may employ mediation independently from, or in conjunction…

Hong Kong, Investment Treaties, investor-State arbitration and mediation, ISDS, Japan

Hong Kong, SAR China’s New Approach to Investment Treaty Arbitration

Julien Chaisse, Kehinde Olaoye (City University of Hong Kong)/July 10, 2021July 2, 2021 /Leave a comment

In March 2021, a major newspaper broke the story that a Hong Kong investor had filed what may be considered the very first investment treaty arbitration claim against Japan under…