Kluwer Mediation Blog: November News
…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…
Search Results for: mediation
Third-Party Funding for International Arbitration in Singapore and Hong Kong – A Race to the Top?
…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 End of Intra-EU BITs: Fait Accompli or Another Way Out?
…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…
Arbitration, Arbitration Proceedings, Arbitrators, IBA Guidelines on Party Representation, Investment Arbitration, Secretary of the Arbitral Tribunal, The Pledge, Third party funding
The World Is Not Enough
…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…
Let Us Settle the Liability Issue: Can Civil Liability Restore the Legitimacy of Arbitration?
…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…
Mediation on the Heels of Arbitration – Competition or Peaceful Coexistence?
…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…
The Rising Interest in the Mediation of Investment Treaty Disputes, and Scope for Increasing Interaction between Mediation and Arbitration
…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…
Arbitration and Mediation: Shifting Paradigms in India
…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…
HKIAC Rules, ICC Arbitration, ICDR, ICSID Arbitration, Interim measures, interim relief, International arbitration, LCIA Rules, SCC Rules, SIAC, UNCITRAL Arbitration Rules, UNCITRAL Model Law
The Coming of Age of Interim Relief in International Arbitration: A Report from the 28th Annual ITA Workshop
…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…
Dispute Resolution Boards: Lessons from Latin America
…(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…
Admissibility of Cassation Recourses against Arbitral Awards in Ecuador: A Backwards Step on the Path towards the Finality of Arbitral Awards?
…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…
The International Evolution of Mediation: A Call for Dialogue and Deliberation
…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…
Emelec vs. Canal Uno: How Many Bites Can the Apple Handle?
…(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)….
It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration
…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…
Landmark Swiss Decision on Failure to Comply with a Mandatory Pre-arbitral Tier
…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,…
Flash, Flash! Hundred Yard Dash: Limitation Defence in the Russian Arbitration Practice
…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,…
The Contents of Journal of International Arbitration, Volume 33, Issue 1, 2016
…to improving the ISDS system where necessary in an orderly fashion. Dilyara Nigmatullina, ‘The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study’ (2016)…
Istanbul Arbitration Centre
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
New Perspectives and Challenges for International Arbitration in Armenia
…to other mandatory processes. In all cases, it should not concern mediation. Part 3.1 of article 103 of the Civil Procedural Code, which came into force on 10 September 2015,…
Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru
A Year of Legal Developments for International Arbitration in Latin America
…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…
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…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…
Second International Conference for a Euro-Mediterranean Community of International Arbitration
…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…
The Contents of Journal of International Arbitration, Volume 32, Issue 6, 2015
…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…
Enforcement of Settlement Agreements Reached in Arbitration and Mediation
…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….