Kluwer Mediation Blog – March Digest
…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…
Search Results for: mediation
Navigating Specialist Energy and Natural Resources Arbitration in East Africa
…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…
New OHADA Arbitration Text Enters Into Force
…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…
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
…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…
Nordic Offshore and Maritime Arbitration Association (NOMA): Could the Nordic Maritime Model Attract a Wider Audience?
…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…
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
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…
Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration
The Structural Implications of Belt-and-Road Arbitration: China’s Legal Gamble across Eurasia
…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,…
The Death of ISDS?
…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…
Hungary: New Arbitration Rules of the HCCI
…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…
Kluwer Mediation Blog: February Digest
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,…
Arbitrator Intelligence: The Basics
…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…
Corporate Counsel Considerations in Choosing Dispute Resolution Methods
…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…
The Contents of Journal of International Arbitration, Volume 35, Issue 1, 2018
…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)…
The New OHADA Arbitration and Mediation Framework : A Glass Half Full?
…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,…
Developing Country Opposition to an Investment Court: Could State-State Dispute Settlement be an Alternative?
…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…
Kluwer Mediation Blog – January Digest
…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…
Is Arbitration Portfolio Financing Going to Grow In 2018?
…https://sso.agc.gov.sg/Bills-Supp/38-2016/Published/20161107?DocDate=20161107&ProvIds= ; also, Hong Kong passed legislation making it clear that third party financing of arbitrations is permitted under Hong Kong law2)Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Bill 2016…
“Japan is Back” – for International Dispute Resolution Services?
…would be complemented by the Japan International Mediation Center-Kyoto (JIMC-Kyoto), which will offer international commercial mediation services beginning already in 2018. The idea for JIMC-Kyoto came from disputes lawyers in…
Come Arbitrate in Austria under the New VIAC Rules 2018!
…consist of three equal parts: Arbitration Rules (Part I, Vienna Rules), Mediation Rules (Part II, Vienna Mediation Rules) and Annexes (Part III, Model Clauses, Internal Rules of the VIAC Board,…
Arbitration Institutions: Five Things Your Website Must Do To Attract Cases
…dispute professionals ourselves, we probably share many interests. For example, are you considering expedited arbitration rules, guidelines for efficient conduct of disputes, ODR rules, or combining mediation and arbitration? Have…
The UNCITRAL Technical Notes on Online Dispute Resolution – Paper Tiger or Game Changer?
…to ombudsmen, complaints boards, negotiation, conciliation, mediation, facilitated settlement, arbitration and others)” (para. 2). Background and Initial Mandate of the Working Group UNCITRAL tasked the Working Group with developing a…
The New-Found Emphasis on Institutional Arbitration in India
…ASSOCHAM International Council of Alternate Dispute Resolution and the Bangalore International Mediation Centre. • Declaration of the International Centre for Alternative Dispute Resolution (ICADR) as an institution of national importance…
Kluwer Mediation Blog – December Digest
…Sabine explores a number of the recommendations identified in the resolution including: the provision of mediation information in order to increase the uptake of mediation; the value of mediation information…
Judicial Reform in Saudi Arabia: Recent Developments in Arbitration and Commercial Litigation
…encourages parties to peacefully resolve their disputes through the mediation of an elder or sheikh before resorting to the courts. Yet despite this rich heritage, arbitration has traditionally been underutilized…