…International Arbitration Act; the OHADA Council of Ministers adopted three new texts on arbitration and mediation; and the Nigerian Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 was passed…
…1 March 2017). Singapore abolished the tort of champerty and maintenance only for arbitration and related proceedings including arbitration-related court assistance, mediation, conciliation, or insolvency.3)Singapore Civil Law Act (Cap. 43),…
…receive more regular updates from the Kluwer Mediation Blog, please subscribe to the Kluwer Mediation Blog’s email notifications here. In “Online Resources for unrepresented clients in mediation: enhancing participation”, Ian…
…and Mediation Blockchain Application (SAMBA)), one needs to first find a way to effectively overcome the inherent shortcomings of blockchain technology. It is also incorrect to suggest that we need…
…focussed on mechanisms for negotiation and mediation before proceedings need to be commenced. The procedural mountains “Enforcement” needs to be unpacked into its constituent parts. It is comprised of three…
…option. The panel drew attention to China’s multi-tier dispute resolution clause of going through stages of negotiation and mediation before arbitrating. Clauses like this, if carefully drafted and applied, have…
…concerted effort, led and supported by the Chinese government, to encourage mediation clauses in Belt and Road agreements, with provision for arbitration if mediation fails. ICC is a world-leading arbitration…
Since their inception in 1975, the Vienna Rules (Rules of Arbitration and Mediation of the Vienna International Arbitral Centre) have undergone a number of major reforms keeping them abreast of…
…is the “stuff” of mediation, the raw material at our disposal. Pretty much all progress is made up of this “stuff”. There are no short-cuts.” In Turkey: Mandatory Mediation is…
…mediation or arbitration. Under the Kenya Energy Act 2006, licensing disputes should undergo arbitration. The Kenya standardized power purchase agreement (PPA) for above 10 MW provides for arbitration under the…
…the new Uniform Act on Mediation, entered into force on 15 March 2018. The fruit of nearly two years of consultations among the 17 Member States of the Organisation for…
…asynchronous nature of online mediation may also be detrimental to the mediation process, as it breaks the momentum that a long and uninterrupted mediation session can bring. Online arbitration Online…
…instance, the guidelines provide: a) Considerations for a case management conference (e.g. are document-only proceedings possible? Are written witness statements or expert reports needed? Should time be allocated for mediation/settlement…
In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure…
…whole is considered, it must be noted that China still favors mediation (usually state-to-state driven) as a manner of solving disputes, seeing arbitration as a measure of last resort. Nonetheless,…
…have a private right of standing. On another side, Brazil and others have proposed alternatives involving mediation, possibly backed by state-state dispute settlement processes, or public enforcement in which the…
…mediation by dedicating a separate chapter to Mediation Rules. This new chapter was inspired by the UNCITRAL Model Law on International Commercial Conciliation 2002 and was drafted to be in…
With posts on the new Japan International Mediation Centre, on reflections from the coach of the winning team in the recent ICC Mediation Competition, on top TED talks for mediators,…
…in summary form, similar to existing practices used by the International Mediation Institute and the Almanac of the Federal Judiciary for mediators and U.S. judges. AI is also exploring other…
…security’s jurisdiction are not so developed and the country has acceded to the New York Convention. Mediation Many commercial courts now have almost a presumption of mediation in their rules…
…international arbitration. BOOK REVIEW Dr Andreas Hacke, Nadja Alexander, Sabine Walsh & Martin Svatos (eds), EU Mediation Law Handbook: Regulatory Robustness Ratings for Mediation Regimes (Wolters Kluwer, 2017; ISBN 978-90-411-5859-8)…
…question of whether provisions for mediation in multi-tiered dispute resolution clauses in particular, is one of jurisdiction or admissibility. Too often respondents use pre-litigation mandatory mediation requirements as delay tactics,…
…South Africa has also developed a domestic bill that fully excludes recourse to international arbitration and relies on mediation instead. Other states that are attempting to disengage from the bonds…
…of each post can be found below. In “Mediation and Dialogue Facilitators: One Profession or Competitors”, Tatiana Kyselova shares the preliminary findings of her research on mediation and dialogue facilitation…
