…of law who was active in domestic and international arbitration and mediation, and twice hosted ICC summer workshops at his university. In fact, my September 2011 Kluwer blog post, It’s…
…ODR (online dispute resolution) for manufacturing disputes on the basis of documents only, and in which the arbitrators are engineers? a. ICC Mediation and ADR Services b. Hong Kong International…
In 2014, Tanzania was identified as the top destination for foreign direct investment in East Africa by the United Nations Conference on Trade and Development (“UNCTAD”). Between 2011 and 2013,…
…emerged as a true forum for arbitration. The Silicon Valley Arbitration & Mediation Center (SVAMC) is now a resource for the promotion of dispute resolution in the global technology sector….
…arbitration agreement. The audience pointed out that there are arbitration chambers in the United States of America, such as JAMS (Judicial Arbitration and Mediation Services), that provide standard clauses…
Introduction In October 1865, Sir Robert Hart, a former British diplomat and by then an official in the Qing Chinese Government, wrote to Empress Dowager Cixi expressing his opinion that…
…mandatory mediation provisions in the recent mediation law until September 2019, Haris considers and responds to the reasons for the resistance to these provisions on mandatory mediation. In “Mediation Navigation…
…when looking at an aggregate of DRD’s international commercial arbitration case data (which, as of November 2018, includes approximately 4,000 arbitration and mediation cases, dating back to 2005), the most…
…international mediation proceedings and institutions (like another new ADR facility, the Japan International Mediation Centre – Kyoto)? Conclusion Given such difficult questions, and Japan’s advantages and disadvantages particularly in the…
…economic setback for Spain, but also could open a mediation opportunity for all parties involved in this matter. If mediation results in investors receiving return of capital sooner rather than…
…stage. To improve efficiency, parties should try to agree on the procedural order, reduction in the number of pleadings and the discovery procedure. Parties could consider putting mediation on the…
…not adversely affect procedural efficiency or cause undue delay. Michael W. BÜHLER, Anne-Sophie GIDOIN, L’« étape préalable » dans le nouveau droit de l’arbitrage et de la médiation OHADA…
Are litigation, arbitration and mediation competitive, collaborative or cooperative? Is litigation becoming an “alternative” to “alternative dispute resolution”, especially keeping arbitration on top of its game? Are mixed processes or…
…(2012-2017) which served as the reporting period. The survey also measured participation in mediation. The results show that the African arbitration practitioner also engages in other forms of dispute resolution…
…of Arbitrators (SIArb), the Resolution Institute (RI), or the British Columbia Arbitration or Mediation Institute (BCAMI). Thus, the recommendation of the Committee was to recognize international bodies/professional institutes providing accreditation…
…Out of Africa: The 2018 OHADA Arbitration and Mediation Law Reform Almost twenty years after it adopted the Uniform Act on Arbitration (UAA), the Organization for the Harmonization of Business…
…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…
