…parties resolving their disputes through mediation or arbitration. The launch of the ADGM arbitration centre further enhances the ADGM’s attractiveness as an arbitral seat to all parties, including those registered…
…a number of 508 awards issued in 2018 and a number of 21 mediation proceedings conducted in the same year. Some cases involving maritime issues and arbitration became notorious also…
…the increasing role of Online Dispute Resolution (ODR), which, in the definition of Richard Susskind, is an electronic form of Alternative Dispute Resolution and which includes e-negotiation, e-mediation and other…
…to boost infrastructural development in the region. Infrastructure and construction projects generally involve multiple contracts and parties. Though dispute resolution mechanisms such as mediation and adjudication are employed to resolve…
…like mediation, which may also be important for the BRI, given the Asian centre of gravity. On the other hand, Seoul is vigorously fostering the growth of its arbitration community…
…encourage disputing parties to seek the resolution of investor-State disputes through non-adversarial processes. This included suggestions that the treaty provide for investor-State mediation instead, including because this would be ‘adaptable…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…these questions, Charlie draws on insights he has gained from mediation users during his PhD study of mediation parties. Charlie identifies the following “four faces” of good mediation: trust, setting,…
…mediation involving a party who is blind. In “Elections for the Romanian Mediation Council”, against the backdrop of a description of the current mediation climate in Romania, Constantin-Adi Gavrila explains…
…CPR International Mediation Competition was launched three years ago to further our efforts to promote commercial mediation in Brazil and beyond, and it is the only international mediation competition based…
…mediation procedures into protocols and treaties so there is no loss of face for a State official if mediation is attempted. The panel agreed that mediation could be attempted at…
…museums, deterring them from suing even bad players in the field and law suits can drag on forever, especially if court-imposed mediation measures are taken, against the parties’ will, or…
…because a mediation concluded without a settlement does not mean that the mediation failed. An unsettled mediation can also yield benefits, such as: (i) a better understanding of the dispute…
…Negotiation or, less often, mediation clauses are added to dispute resolution provisions of construction contracts. If the Russian law governs the dispute, the parties must negotiate, within thirty calendar days…
…and mediation and arbitration in particular. The current climate calls for a rise of alternative resolution mechanisms to resolve commercial disputes. Legal counsels have a duty of information to their…
…efficient—a good partner with mediation, as part of a multi-step process, if the mediation fails to resolve the matter. Of course, there are cases where one wants to establish a…
…its initials in Spanish), as for example the CEA Code of Good Practice for Arbitration and the CEA Code for Good Practice for Mediation. The amendment of the Spanish Arbitration…
…could be easily transferable – with the appropriate adjustments – in a consolidated mediation to solve the looming arbitrations unfolding before us, whose real causes are rooted in many years…
…their minds between the MOU and the contract. Second, the words ‘for determination’ following ‘mediator’ strongly indicate arbitration over mediation. There is nothing a mediator determines; whereas arbitrators determine disputes…
…sometimes decisive – was to instruct the parties to attend a judicial mediation immediately after opening submissions on the first day of trial. This was the peak moment of the…
…with educating the public on the advantages of such alternative mechanisms, especially in the context of the draft Singapore Convention on the International Settlement Agreements resulting from Mediation. With respect…
…Commercio de Lima and the Arbitration and Mediation Center of the American Chamber of Commerce of Ecuador. We are currently in discussions with numerous other institutions around the world. As…
…hearing. Compared to adversarial processes, the conciliation and mediation mechanisms under CETA and EUVIPA envisage a more flexible evidentiary process aiming to provide a fair and independent system. Unlike under…
…the justice system. In “Let mediation be mediation. Conciliation versus mediation in Brazil”, Maria Nazareth de Serpa explains the meaning of each of mediation and conciliation in Brazil. Nazareth describes…
