…of the two systems thereby better managing costs. Features of JCAA Arbitration Prof. Masato Dogauchi, Chief Arbitration and Mediation Officer of the JCAA, Professor of Law at Waseda University…
The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on…
…a signatory to the ICSID Convention and yet never sign any BITs, enter into arbitration clauses or enact investment laws providing for arbitration or mediation under the International Centre for…
…has embraced the use of both arbitration and mediation as a means to lighten the burdens on the justice system. The latest commissions created with this purpose, namely the Alpa…
…agree to resolve their dispute, or any portion of it, by mediation, including under the Swiss Rules of Mediation, or any other forms of alternative dispute resolution. To facilitate this…
…FET standard, but replace binding arbitration with nonbinding mediation. Either these options will not appeal to States and foreign investors, or their piecemeal adoption will not form a serious threat…
…to have withdrawn its claim and discontinued the proceedings (Art. 29). However, if an investor opts for mediation at any point in time, and parties agree to have recourse to…
…online mediation from both domestic and international perspectives, focusing on the pertinent legislations and the best practices of online mediation, including provisions of various legislations, and practical examples from different…
…move through the COVID-19 pandemic, the competition may come from other forms of dispute resolution such as litigation, mediation, adjudication, expert determination as well as various tiered mechanisms. BL:…
…weigh in favour of arbitration. The discussion then moved to the role of mediation in the context of arbitration and why, notwithstanding the confidentiality of mediation proceedings, it appears a…
…arbitration process – the effects of matter size One of the outcomes that we learned from the Report was the relationship between mediation and settlement. The propensity to settle appears…
…and mediation in this online setting, mediation being more difficult to conduct, as it is a more intimate process in which the live, direct reaction of people is very important….
…disputes by non-judicial methods, notably conciliation, mediation, dispute boards, and arbitration. The legislator wanted to make explicit that parties may deploy these different mechanisms for resolution of conflicts arising from…
…requiring the parties choosing separate mediation to use the ACICA Mediation Rules (although parties could vary that requirement in writing under Rule 2(1)). Meanwhile, users and in-house or other counsel…
…opted for hybrid rather than standalone mediation (26%). Source: 2020 SIDRA Survey, Exhibit 4.1.1 and Exhibit 4.1.2 Why are hybrid mechanisms preferred over standalone arbitration and mediation? The most important…
…On 5 January 2021, four supplementary regulations were approved: (i) the 2021 Arbitration (Rules of Procedure) Regulations, (ii) the 2021 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, (iii) the…
…WIPO Arbitration and Mediation Centre already has a structured ADR mechanism and rules for resolving disputes between Indigenous people and private parties. The WIPO ADR structure can be incorporated into…
…highlights from panels focusing on issues related to indigenous peoples, new space disputes, mediation, and disputes arising from COVID-19 related issues – and connects these contributions to broader discussions within…
…results in final awards that would make King Solomon cringe. The best arbitration career for a Libra is mediation. Scorpio (October 23 – November 21) Scorpios are forever searching…
…international dispute resolution in the construction industry, including the role for mediation and hybrid dispute resolution processes. As final thoughts, Jane offers advice to the next generation of emerging practitioners…
…the arbitration clause. Incidentally, with regard to mediation, JCAA’s mediation rules were amended and came into force in January 2020. The new, versatile Commercial Mediation Rules are designed to provide…
…the Victorian Supreme Court held that, even the cumulative effect of contesting an injunction, participating in court-initiated mediation and acquiescing in certain court directions was insufficient. In that case, it…
…legal regime on mediation in both countries and propose the adoption of certain features of the Irish model into the Indian legal system for greater regulation of mediation practices. The…
…arbitration is a dispute resolution similar to mediation, or even a procedural strategy or guerrilla tactic. Arbitrators facing default proceedings should search for guidance in the lex arbitri, institutional rules…
