…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…
…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…
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…
…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…
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,…
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…
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….
…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…
…In Dutch Mediation Bill: Pushing the River? Martin Brink outlines some key features of the Dutch mediation market and examines the new bill to promote mediation in The Netherlands. Many…
…Most notably: • The doctrines of maintenance and champerty (both as crimes and civil torts) no longer apply to arbitration (including emergency arbitrations), mediation and court proceedings envisaged under the…
…The “non-paper” proposes alternatives for the investment protection after the coordinated termination of intra-EU BITs. It strongly favours an investor-to-state mediation scheme to promote amicable settlement. Besides this extraordinarily innovative…
…had historically rested on a dismissive Live and Let Die approach to such concerns. With increasing support for mediation or forum selection clauses as potentially viable alternatives, however, we should…
…popularity of other alternative (yet non-binding and more flexible) dispute resolution means such as mediation, I argue in my book that the introduction of civil liability into institutional arbitration rules…
…to well above US$ 500 million. The international trend towards mediation has been duly recognized: – Adapting to an increased demand for mediation, several institutions have added mediation to their…
…Mediation Rules (2012), the ICC Mediation Rules (2014), the ICSID Rules of Procedure for Conciliation Proceedings (2006), the PCA Optional Conciliation Rules (1996), the Stockholm Chamber of Commerce Mediation Rules…
…for parties to opt for mediation. Parties under the AMA may be referred to mediation under the SIMC, in an on-going arbitration with the SIAC, if they request it. Should…
…raised concerning their application. One question concerned the compatibility of emergency arbitration with pre-arbitral procedures such as cooling-off periods and multi-tiered clauses requiring the parties to engage in mediation, expert…
…(in Spanish) by Santiago Chamber of Commerce Arbitration and Mediation Centre, the Peruvian law enacted installing dispute boards on public contracts and finally the incorporation of dispute boards’ into the…
…in annulment proceedings In Ecuador, pursuant to Article 30 of Arbitration and Mediation Act 1997 (“AMA”) parties to an arbitration only have a statutory right to challenge arbitral awards by…
…for contractual mediation provisions, including “minimum and maximum period for the completion of the first mediation meeting”, the site of mediation, and “criteria for choice of mediator.” It formally distinguishes…
…(the first bite). The request was decided by the President of the Superior Court of Justice of Guayas (competent court in accordance with the Arbitration and Mediation Law of Ecuador)….
…asked in this regular conference format, it is quite obvious that their answer may not necessarily be ‘arbitration’. Other developments which make alternatives to arbitration like negotiation or mediation increasingly…
…arbitral tribunal for comment. This has the obviously undesirable consequence of making the arbitral tribunal privy to the positions that the parties took in the pre-arbitral conciliation or mediation process,…
…surprise revive the corresponding claim. Sue promptly when you are out of time The use of ADR methods envisaged or prescribed by a federal act, i.e. mediation or statutory negotiation,…
