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ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

Interviews with Our Editors: The CPR Approach to Dispute Resolution with Olivier P. André, Senior Vice President, International at CPR

Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/March 30, 2019April 2, 2019 /Leave a comment

…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…

Hong Kong, Investment Arbitration, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS, ISDS Reform

Hong Kong is Mapping the Way Forward in ISDS Reform

Rutger Metsch (Herbert Smith Freehills LLP)/March 29, 2019March 25, 2019 /Leave a comment

Herbert Smith Freehills

…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…

Art and Arbitration, CAfA, WIPO

Art and Arbitration: What Needs To Be Done To Improve The Security Of Art Sales And Transactions

Annabelle Gauberti (Crefovi)/March 27, 2019March 27, 2019 /Leave a comment

…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…

ISDS, Mediation, Pre-arbitration Dispute Settlement Procedures, Settlement

Making Mediation More Attractive For Investor-State Disputes

Daniel Weinstein (JAMS; Weinstein International Foundation) and Mushegh Manukyan (Office of the Ombudsman for United Nations Funds and Programmes )/March 26, 2019April 16, 2019 /1 Comment

Three Crowns LLP

…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…

Construction, Construction arbitration, Russia

Practice of International Construction Arbitration in Russia

Rustem Karimullin (Karimullin Law Firm)/March 23, 2019March 12, 2019 /Leave a comment

…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…

Arbitration, Arbitrators, Belgium, UNCITRAL Model Law

Will an Understaffed Brussels Enterprise Court Incite Parties to Call upon Arbitration?

Flip Petillion/March 22, 2019March 19, 2019 /Leave a comment

…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…

ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

Interviews with Our Editors: 360 Degrees of Perspective with Noah J. Hanft, President and CEO of CPR

Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/March 18, 2019March 14, 2019 /Leave a comment

…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…

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

X CAI Costa Rica 2019: Developments and Challenges in International Arbitration

Marlon Meza-Salas (DLA Piper)/March 15, 2019March 14, 2019 /Leave a comment

…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…

Energy, Energy Charter Treaty, Italy, Oil & Gas

Oil & Gas: Is Italy Doing It Wrong All Over Again?

Danilo Ruggero Di Bella (Bottega Di Bella) and Josep Gálvez (Galvez Pascual SLP)/March 13, 2019March 10, 2019 /1 Comment

…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…

Australia, Jurisdiction, Singapore

Approaches to Arbitration in Australia and Singapore

Cameron Ford (Squire Patton Boggs) and Andrew Foo (Clifford Chance Asia)/March 3, 2019March 3, 2019 /1 Comment

…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…

Case management conference, ICC Rules, International arbitration, International Arbitration Procedures, New York Convention

Summaries and Issues in the ICC Terms of Reference: The Right Level of Case Management

Marco Paoletti (Gadens Lawyers)/February 24, 2019February 22, 2019 /Leave a comment

…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…

Investment, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS, ISDS Reform

Investment Arbitration: A Case for Incremental, Iterative, Progressive, and Prioritized ISDS Reform

Mercy McBrayer (Chartered Institute of Arbitrators)/February 21, 2019February 20, 2019 /Leave a comment

Chartered Institute of Arbitrators (CIArb)

…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…

Arbitrator Intelligence, Arbitrators

Drrrrum-Roll Please….

Catherine A. Rogers (Bocconi University)/February 19, 2019February 18, 2019 /Leave a comment

Arbitrator Intelligence

…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…

Amicable Settlement, CETA, EU-Vietnam Free Trade Agreement, European Union

Analyzing Features of Investment Court System under CETA and EUVIPA: Discussing Improvement in the System and Clarity to Clauses

Shilpa Singh Jaswant (OP Jindal Global University, India)/February 8, 2019February 5, 2019 /Leave a comment

…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…

Kluwer Mediation Blog, Mediation, Mediation Act

Kluwer Mediation Blog – January and December Digest

Anna Howard (Centre for Commercial Law Studies, Queen Mary University of London)/February 5, 2019February 4, 2019 /Leave a comment

…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…

England, Hong Kong, Third party funding

Comparing Hong Kong Code of Practice for Third Party Funding Arbitration with the Code of Conduct in England & Wales

Peter Hirst, Mun Yeow (Clyde & Co.)/February 4, 2019February 4, 2019 /Leave a comment

Clyde & Co.

…Section 98P Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Ordinance 2017 ↑2 Section 98N Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Ordinance 2017 ↑3 Section 98H Arbitration and Mediation Legislation…

Achmea, CETA, EU-Vietnam Free Trade Agreement, European Union

A New and Improved Investment Protection Regime: Truth Or Myth!

Shilpa Singh Jaswant (OP Jindal Global University, India)/February 3, 2019February 2, 2019 /Leave a comment

…and person of interest, having compulsory resolution through an amicable mechanism like conciliation and mediation and transparency are front-runners. The members of tribunals are appointed by a committee as per…

Hong Kong, Practice code / note / guideline, Third party funding

Enabling Legislation: Check; Code of Practice for Third Party Funders: Check; Third Party Funding for Arbitration in Hong Kong is Ready for Lift Off!

Roger Milburn (LCM Finance)/February 2, 2019February 2, 2019 /Leave a comment

…Hong Kong’s Arbitration Ordinance, as amended, will be fully in force (save for provisions which relate to third party funding of mediation). The sections which are coming into operation are…

Banking and Finance, Blockchain, Cryptocurrency, EU Law, Institutional Arbitration

Winds of Change in International Arbitration

Stavros Brekoulakis, Mary Mitsi (Queen Mary University of London), Ahmed El Far (Three Crowns), and Mercy McBrayer (Chartered Institute of Arbitrators)/February 1, 2019January 31, 2019 /Leave a comment

…the international arbitration culture, such as the analysis of how market forces influence the needs of arbitration users.1) Published in CIArb’s Academic Journal: International Journal of Arbitration, Mediation and Dispute…

2018 In Review, Austria, DIS, Germany, HKIAC, ICC, ICC Arbitration, ICC Rules, SCC, SIAC, VIAC

2018 In Review: Recent Revisions of Institutional Rules in Europe – Where Do Europe’s Arbitral Institutions Now Stand Against Global Competition?

Fabian Bonke (Hogan Lovells)/January 29, 2019January 28, 2019 /Leave a comment

…The new VIAC Rules are no longer limited to application in international cases, but are now also relevant to domestic cases, both in arbitration and mediation. Notably, Article 10 explicitly…

Arbitration Agreement, Costs in arbitral proceedings, Expedited arbitration, Final Offer Arbitration, Procedure, Reasoned Awards

“Final-Offer Arbitration”: A Procedure to Save Time and Money?

Danilo Ruggero Di Bella (Bottega Di Bella)/January 25, 2019January 24, 2019 /1 Comment

…more ambitious position together with a more moderate stance to choose from. Some other modalities also envisage its inclusion in a multi-tier process, where mediation precedes the resort to the…

2018 In Review, Astana International Financial Centre, Central Asia, China, Commercial Courts, Enforcement, HK Arbitration Week, HKIAC, HKIAC Rules, Mediation, Singapore, Singapore Mediation Convention, Third party funding

2018 in Review: A View from PR China, Hong Kong, and Central Asia

Benson Lim (Simmons & Simmons)/January 24, 2019January 16, 2019 /Leave a comment

…Singapore Mediation Convention on 7 August 2019. 2. First Emergency Arbitrator and New International Commercial Courts in China China saw its first emergency arbitrator (“EA”) procedures under Beijing Arbitration Commission…

2018 In Review, Africa, Arbitral seat, Arbitration, Arbitration Agreement, Arbitration institution

2018 In Review: A Tug of War for International Arbitration in Africa

Sadaff Habib (Equanimity Arbitration)/January 17, 2019January 16, 2019 /Leave a comment

…in Africa (OHADA) (a group of 17 African countries geared towards unifying business laws to boost investment) enacted the Uniform Mediation Act, the Uniform Arbitration Act (UAA) and Arbitration Rules…

2018 In Review, Arbitration Quiz, New Year Arbitration Quiz

New Year’s Quiz Answers, Winners, and Selected Arbitration Jokes to Get You Through 2019

Michael McIlwrath (MDisputes), Crina Baltag (Managing Editor) (Queen Mary University of London), and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/January 8, 2019March 11, 2020 /Leave a comment

…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…

Kluwer Arbitration Blog

Search Results for: mediation