…Ms. Mazza’s assertion and further proposed “de-arbitration” of disputes given the availability of other efficient dispute resolution tools, particularly mediation. Session 3: Current Status and Progress of Reforms in…
…suitable mechanism for resolving such disputes? With the Singapore Convention on Mediation coming into force recently, does it make mediation a viable alternative for stakeholders? I think in the foreseeable…
…specifically called for the “establishment of multiple dispute resolution institutions such as international economic and trade arbitration institutions and international dispute mediation institutions”.1)This is the author’s courtesy translation. This policy…
… Eunice Chua, The Singapore Convention on Mediation and the New York Convention on Arbitration: Comparing Enforcement Mechanisms and Drawing Lessons for Asia This article considers the enforcement mechanism for…
…include submissions from other fields of dispute resolution, chiefly on mediation, this issue brings us closer to achieving our goal. ARTICLES Hamish Lal, Brendan Casey, Josephine Kaiding & Léa…
…transactional lawyers were in the best position, and thus, bore a greater responsibility to promote mediation – by including mediation clauses in sports contracts at the federation and association levels…
…searches including “dispute resolution” and “east and west”, resulted in arbitration and mediation. Seeing as I was drawn to the idea of resolving problems and was intrigued by the influence…
…auspices of ARBITAC – Arbitration and Mediation Chamber of the Paraná State Commercial Association and CAM-CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada). In this…
…mediation systems through the offering of mediation and ombuds services to investors. Fostering investor-state mediation from outside Alternative dispute resolution (“ADR”) mechanisms are often viewed as one of the…
…unequivocally favor mediation alongside or instead of arbitration. The first signs of a rising tide toward investor-State mediation The mediation of international economic disputes, and investor-State mediation in particular,…
…rules and procedural frameworks to support mediation and conciliation, such as the IBA Rules on Investor-State Mediation or the voluntary mediation rules that ICSID is in the process of adopting…
…of developing a broader framework on international mediation, which also includes the recent Singapore Convention on Mediation and the UNCITRAL Model Law on International Commercial Mediation. Avenue 2: Institutionalisation under…
…investor-State mediation has strengths relative to arbitration, any reform must carefully integrate mediation with existing processes and reform efforts.1)This post builds on: Esmé Shirlow, ‘The Promises and Pitfalls of Investor-State…
…always the case that states necessarily shy away from mediation. For example, the Government of Indonesia, in its submission to the UNCITRAL Working Group III, suggested mandatory mediation after the…
…the viability of) mediation for investor-State disputes. To do so, Rachel’s post will explore the enforcement possibilities provided by the Singapore Convention on Mediation, and further examine some of mediation’s…
…may expend additional monies and time by failing to meet the pre-conditions. Further, the process of mandatory pre-conditions may delay the resolution process rather than promote negotiation or mediation as…
…Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation”). At the sixty-eighth session, in February 2018, several topics for future work of the WG II had been suggested for…
…innovative procedures such as the appointment of arbitrators outside SHIAC’s panel, mediation, amiable composition, small claims procedure, consolidation of proceedings and joinders. 5. You once talked about the “Sinicization of…
…shown that secretary appointments affect the duration of proceedings, positively or negatively. Encouragement and facilitation of amicable settlement and mediation 6. Tribunals are most likely to encourage and facilitate…
…such voluntary mediation may be growing, until recently there has been little to no interest in mandatory mediation – as a pre-condition to arbitration. Some still see mediation as unlikely…
…in favour of mediation as a method of resolving disputes as opposed to arbitration. She added that mediation was premised on bringing together people in order to resolve disputes. Towards…
…how could mediation best complement arbitration? Should arbitrators and counsel use mediation more? How can we benefit from both mechanisms while avoiding any due process challenges? Is it a myth…
IN Memoriam Derek Roebuck (1935 – 2020) by Neil Kaplan With the passing of Derek Roebuck on 27 April the world of arbitration has lost its current and much-loved chronicler….
…considered, such as legalisation/regulation on third-party funding, introduction of emergency arbitrator, clarification on the definition of the other forms of alternative dispute resolutions, and possible synchronisation with Singapore Mediation Convention….
