…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…
…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…
…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…
…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…
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…
…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,…
…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…
…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…
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,…
…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…
…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…
…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)…
…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,…
…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…
…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…
…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…
…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…
…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,…
…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…
…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…
…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…
…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…
…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…
…by qualifying third party funders in relation to international arbitration and related court or mediation proceedings is not contrary to public policy or illegal. Shortly thereafter, in June 2017, Hong…
