Escalation Clauses – Where Do They Leave the Counterclaimant?
…the court ruled that the defendant could nevertheless pursue a counterclaim that had not been submitted to mediation. Since at least 2003 (with the landmark judgment of a mixed chamber…
Search Results for: mediation
Hong Kong Approves Third Party Funding for Arbitration
…a similar law earlier this year – the competition continues between the two centres for the position of leading Asian arbitration venue. The Arbitration and Mediation Legislation (Third Party Funding)…
Caribbean Islands in the Mood for Arbitration
…BVI (the BVI International Arbitration Centre, “BVIIAC”) and Jamaica (the Mona International Centre for Arbitration and Mediation, “MICAM”). Antigua & Barbuda, the Bahamas, and Barbados announced imminent creation of similar…
Kluwer Mediation Blog: June digest
From the mediation of sports disputes to a recent mediation law in Brazil and onto lessons learnt from teaching mediation and negotiation courses in universities in Germany and New Zealand,…
ADR, Arbitration, Arbitration Awards, Arbitrator Intelligence, Arbitrators, Global Pound Conference, ICC
The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream
…GE we had encountered cases where, at the parties’ request, one of the co-arbitrators (who possessed mediation expertise) agreed to act as a mediator to facilitate settlement. Not only did…
Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward the International Trend?
…accreditation system for meditators. The Decree on Commercial Mediation promotes both institutional and ad-hoc mediation. Accordingly, mediators can choose to be listed on the panel of a mediation centre or…
May Digest – Kluwer Mediation Blog
…be amenable to mediation and explains the relevance of sector insights for the effective conduct of mediations in these sectors. In That Daunting First Mediation, Alex Azarov reflects on his…
Arbitrability, Commercial Arbitration, LCIA Arbitration, Public contract disputes, Public Interest, Public Procurement, UK
The Protection of the Public Interest in Public Private Arbitrations
…and mediation are unsuccessful. Similar dispute resolution provisions are common in the standard forms of international construction contracts typically utilized for procurement of public works. This type of public-private arbitration…
Kluwer Mediation Blog – April Digest
…of mediation, Stephen Walker discusses whether mediation is a business. In Corporate Recovery, Mediation and Master Chef, Andrea Maia considers the use of mediation in Brazil for companies under judicial…
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
…in this position by finding an appropriate way to enforce settlement agreements resulting from mediation/conciliation or in the course of judicial or arbitral proceedings. A topic at the heart of…
Settling Well
…book, Negotiation: Things Corporate Counsel Need to Know But Were Not Taught. For those who do not know him, Michael could be considered the godfather of commercial mediation in Europe….
Kluwer Mediation Blog: March Digest
…Duties in Ireland’s New Mediation Bill”, Sabine Walsh offers a detailed analysis of the obligations that mediators can be subject to under this Bill in cases of court referred mediation….
Does Cultural Diversity Improve or Hinder The Quality of Arbitral Justice?
…China: Resolving Disputes through Mediation, 4 TRANSNAT’L DISP. MGMT. 4 For example, in the English case of Balraj v. Balraj, the court was called upon to determine a petition for…
The German Media Arbitral Tribunal
…the ICC, the LCIA, the SIAC, and the WIPO Arbitration and Mediation Center. The DMS was thus established at a time in which arbitration is becoming more and more relevant…
The Development of Arbitration Legal Studies In Brazil (or How the Vis Moot Can Change Your Life)
…that of a Latin American arbitral institution: the Center for Mediation and Arbitration of the Brazil-Canada Chamber of Commerce. Curiously, law schools in Brazil in general are still taking their…
Parties’ Obligations Under an ADR Agreement – A Systematic Content Analysis of Agreements to Resolve Commercial Disputes
…ADR agreements any further than the already are regulated within national legal frameworks. The Consumer ADR Directive (Recital 49, Article 12) and the Mediation Directive (Recital 24, Article 8), for…
The Winner of 2017 GAR Awards for Best Innovation?: Transparency & Diversity
…a questionnaire • HKIAC offers free hearing space where at least one party to an arbitration, mediation and conciliation is listed on the OECD Development Assistance Committee List • Sundaresh…
How Much (More) Transparency Does Commercial Arbitration Really Need?
…metes and bounds. If commercial arbitration introduces mandatory transparency of proceedings comparable to the UNCITRAL regime, parties may opt to resolve their disputes in mediation or State courts instead. Transparency…
Kluwer Mediation Blog – February Digest
Brexit, biases, workplace mediation, the wisdom of uncertainty, profound apologies: these are just a handful of the topics addressed by writers at the Kluwer Mediation Blog last month. Below are…
Arbitration institution, Arbitration Institutions and Rules, Australia, HKIAC, HKIAC Rules, ICC, ICC Rules, Secretary of the Arbitral Tribunal
The Australian Centre for International Commercial Arbitration’s Guideline on the Use of Arbitral Secretaries
…operating in the Asia-Pacific region, and based in Sydney, Australia. ACICA facilitates the mediation and arbitration of international commercial disputes, including under its own institutional arbitration rules. The new Guideline…
January News from the Kluwer Mediation Blog
From mediation competitions in Panjim, India and Paris, a proposed mediation law in Lithuania and an exploration of how Game Theory might help us better analyse the role of mediator,…
Milan and Santiago Arbitral Institutions adopt Dispute Boards
On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago…
Kluwer Mediation Blog: December Digest
The last month of 2016 offered a compelling collection of posts on the Kluwer Mediation Blog, from the third-party funding of dispute resolution to the value and difficulty of forgiveness….
2016 Queen Mary International Dispute Resolution Survey: Unveiling Technology, Media and Telecoms (TMT) Disputes
…dispute resolution policies and preferences, the survey data showed that arbitration continues to be encouraged, although mediation was the dispute resolution mechanism of choice for in-house respondents. At an all-respondents…