…year, Brazil adopted its first judicial or extra-judicial mediation law, creating a framework for this amicable dispute resolution technique between private entities, public entities or private entities and the public…
…any stage, the parties may initiate a mediation process (Article 5). – If the investor is a US national the investor shall request that the European Union determine who is…
…head of the Milan Chamber of Arbitration (MCA), discussed the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED) and its initiative to define seven common principles…
…Reinmar WOLFF, Book Review – Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration, by Klaus Peter Berger Ali Moghaddam ABRISHAMI, Book Review – Resistance and Change in the International…
…New York Convention. Enforcement of Consent Awards Arising out of Mediation Additional issues arise with regard to international enforceability under the New York Convention of consent awards resulting from mediation….
…patent mediation and arbitration centre with seats in Ljubljana and Lisbon, it seems that the use of arbitration in Portugal to resolve at least some disputes related to industrial property…
…As discussed previously here, mediation, as another “alternative” to court litigation, may offer a useful foundation on which to build an arbitration regulatory scheme. The International Mediation Institute, or IMI…
…greater importance for countries in transition, relevant legal reform in Bosnia and Herzegovina (BiH) was executed only in terms of mediation, leaving arbitration aside. From the time of the IFC…
…means of arbitration, the World Intellectual Property Organization (WIPO), a self-funding agency of the United Nations, provides neutral, non-profit dispute resolution options. The WIPO Arbitration and Mediation Center offers case…
…after they have acknowledged receipt of it in writing.(Article 42)Mediation by mediator: During the arbitration proceedings, the parties may apply for mediation by mediators of the BAC Mediation Center. Parties…
…the Taiwan Civil Code, can be brought to the People’s Court for recognition and enforcement. Mediated settlement agreements issued by township or county mediation committees in Taiwan that have the…
…uncertainty and contradictory case law that abounded in this field. Background Article 31 of the Ecuadorian Arbitration and Mediation Law (AML) states that an arbitral award can only be challenged…
…this can and should be achieved through mediation, or at least a hybrid process involving the use of mediation, at an early stage of the proceedings. In practice, mediation is…
…LCIA, mediations under the LCIA Mediation Rules 2012, arbitrations where the LCIA is the appointing authority only, and cases where the LCIA is acting as a fundholder only. With respect…
…Disputes are an inevitable side effect of economic development. While most Russian-Asian commercial disputes have traditionally been resolved through negotiation and mediation, and often in local courts, larger disputes have…
…rooted in Arab and Muslim history. It was the method of dispute resolution preferred by the Prophet Mohammed, who favored mediation and the finding of a just result over strong…
…equally applicable to both mediation and arbitration, it would put mediation in a good light. Mediation today is ahead of arbitration in developing national and international standards, and it should…
…and enforce foreign awards. The Arbitration and Mediation Law (AML) assimilated international arbitral awards to domestic arbitral awards. The final paragraph of Article 42 of the AML stated that “awards…
…its “eyes open” at all time on whether negotiations as to mediation and/or settlement can be resumed. Speaking against the motion, Lamb first noted it was ironic she was adopting…
Mediation has gained much popularity in Croatia in the last several years, and the Croatian legislator regulated enforceability of mediation in Article 18 of the Croatian Mediation Act (Official Gazette…
…2 of Manon Schonewille & Fred Schonewille (eds.) The Variegated Landscape of Mediation: A Comparative Study of Mediation Regulation and Practices in Europe and the World, The Hague, The Netherlands:…
…series of transactions. Parties can also choose other alternatives to resolve M&A disputes, such as mediation and expert determination, and these mechanisms can be combined with arbitration. Conclusion Sufficient attention…
…leading arbitral institutions. These include important innovations such as the Arb-Med-Arb clause[5] developed jointly by the SIAC and the Singapore International Mediation Centre, as well as the new Article 18…
…begun exploring the strategic use of mediation in international investment disputes. No doubt, the policy debate will continue about how best to craft the substantive provisions and derivative dispute resolution…
