…happens in mediation stays in mediation: new standards of informed consent to mediation in California”, Rafal Morek provides a detailed overview of recent changes to California’s confidentiality mediation regulations which…
…while improving the enforceability of the mediation agreement by allowing the CICC to issue a conciliation statement or a judgment based on the mediation agreement upon parties’ request. The practical…
A focus on the AIFC Arbitration and Mediation Rules 2018 and improvement to enforcement of arbitral awards in Kazakhstan Introduction to the AIFC The Astana International Financial Centre (AIFC) is…
…interconnection of the different dispute settlement mechanisms. Select a clause that clearly defines the boundaries between, for instance, negotiation, mediation, expert determination and arbitration, so that they do not overlap….
…agreed terms, reflecting the agreement by the parties to solve the disputes through the expert recommendation, can improve enforceability (the New York Convention). Conciliation and mediation can allow the parties…
…Commercial diplomacy, like mediation and conciliation, consists of some core stages and competencies albeit it is not subject to mediation or conciliation rules nor does one need certified mediators or…
…made in the 1960’s to introduce modern arbitration and other forms of dispute resolutions mechanisms such as conciliation and mediation. The Ethiopian Civil Code (‘Civil Code’) promulgated in 1960 enumerates…
…clause. 4A_407/2017 of 20 November 2017: Pathological arbitration agreement (impossibility to nominate an arbitrator meeting the qualification criteria) / Gap filling by juge d’appui / Pre-arbitral mediation requirement not enforced…
…be resolved by national courts or by mediation, whereas the State may enter into arbitration agreements subject to the exhaustion of local remedies. Similarly, the majority of BITs concluded by…
…and Access to Justice at the Crossroads (Oxford, U.K.: Hart 2013); Schonewille & Schonewille. (2014). Variegated Use of Mediation: A Comparative Study of Mediation Regulation and Practices in Europe and…
…to this question exists, as the courts of some Member States may be prevented from hearing such claims on account of the dualist nature of their legal systems. Mediation was…
…or with little chance of success, mediation or other forms of ADR may be the better means for resolving the dispute. Knowing the real issues informs the decision of whether…
…“Commercial Mediation & the exhibition industry”, Angela Herberholz considers the findings from her research on the use of, and knowledge about, mediation in the exhibition industry. Angela’s research found that…
…foreign jurisdiction. The disadvantages the parties face when entering a lawsuit, pose the question of whether ADR methods such as mediation, arbitration and expert determination could be a better fit…
…international mediation and arbitration institutions to form a one-stop dispute resolution mechanism. Some believe foreign institutions will get involved and will be able to operate within China. Clarification: The…
…Conference in Hangzhou, China. Further, the Hong Kong government has championed mediation for Belt and Road disputes, as can be seen in its development of an online mediation and arbitration…
…be concluded between the state-party and the investor: […] The Partnership Agreement shall include the following: […] 15- The dispute resolution mechanism, which can include mediation and domestic and international…
…to think of mediation as one of the important topics in the future of dispute resolution back in 2010. But since then, the proponents of mediation have taken center stage…
…impose a more restrictive “civil law” flavor on international proceedings. Mediation will continue its steady growth, especially as an escalation step in medium and large disputes, or in cases that…
…year in the city of Helsinki bringing together legal practitioners from Finland and abroad to hear from top experts about the latest developments in international arbitration and mediation. Already in…
…what duration of time is too long to be spent in mediation, when exactly these internal remedies can be said to have failed and what precisely, is the measure of…
…in Investor State Dispute Settlement: Addressing Treaty Shopping and Indirect Expropriation Claims and Consistent Approaches to Decision-Making” ,1)Published in CIArb’s Academic Journal: International Journal of Arbitration, Mediation and Dispute Management….
…access to aggregated arbitration and mediation case data. Elucidating the True Nature of Arbitration as a Settlement Tool As of May 2018, the DRD database contains approximately 216,000 data points,…
…been invested in enforcement of judgments within the Hague Conference on Private International Law2)See the Draft Judgments Convention and of international commercial settlement agreements reached in mediation within UNCITRAL3)See materials…
