…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…
…and the amended joint venture agreement provided for disputes to be resolved through mediation, and if mediation failed, by commercial arbitration under the domestic Arbitration Act, RSBC 1996 c 55…
The publishers of this blog cordially invite you to their brief webinar for practitioners and academics in the field of arbitration and mediation on Tuesday 10th March (4pm Central European…
…arbitral award under the Ecuadorian Arbitration and Mediation Law, should be filed, even if the law does not establish a particular ground (e.g. the lack of a reasoned award or…
…and the Singapore International Mediation Centre (SIMC), which launched on 5 November 2014, to offer an Arb-Med-Arb service, which is the first of its kind anywhere in the world. SIAC…
…AND MEDIATION 1 (with Zachary P. Ulrich) (2014) A general summary of the Survey data is provided in Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators (with…
…Arbitration and Mediation Centre opened its doors. This Centre is located in the legal precinct of Melbourne and was a joint initiative of the Victorian Bar, the Law Institute of…
…International Mediation Centre (“SIMC“) in November 2014. Unlike the SIMC’s Arb-Med-Arb protocol that envisages mediation as a complement to the arbitral process, the SICC appears at first blush to be…
…mediation at SIMC. The SIMC will then fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date”), which will be conducted under the SIMC Mediation Rules. Unless…
…this part of the study obtained data relating to how often mediation and conciliation are currently used in the international commercial context; how mediation and conciliation are initiated in the…
…mediation was widely perceived to be that one of the parties is unfamiliar with mediation. 2. About half of all stakeholder groups agreed that arbitral tribunals should be empowered to…
…to provide empirical data to aid the decision making process for the proposed UNCITRAL convention on the international enforcement of settlements reached in mediation. IMI Survey of Corporate Needs The…
…dealt with a multi-tiered arbitration clause providing for mediation which was drafted in far more permissive terms than Clause 20. The Court accepted, however, that there are exceptions to the…
…comply with the escalation clause by bringing the dispute directly before a judge. Part of the doctrine4)N. Dissaux, “Sur les conditions d’efficacité d’une clause de médiation”, La Semaine juridique –…
…educators, adjudicators and policymakers, to understand how best to prepare and steer ourselves for the future. And even if we take the few nuggets of mediation data that have been…
…the ICC and ICDR. (SIAC does not provide a mediation service, and instead relies on mediation by the Singapore Mediation Centre.) 3. The International Bar Association (IBA) has published rules…
…are effectively nominated to act as arbitrators. In March 2014, for example, from 129 arbitral proceedings, the Center for Arbitration and Mediation from the Chamber of Commerce Brazil-Canada (CCBC) had…
…following institutions did NOT introduce revised arbitration rules in 2014? A. LCIA B. ICC C. ICDR D. WIPO 2. Which of the following arbitration institutions introduced revised mediation rules in…
…to a sole arbitrator, or having a mediation proceeding or even mandate counsels to settle the differences between the parties. Besides all of that, one should note that this scheme…
…for ad hoc arbitration proceedings under the auspices of UNCITRAL or ICC Rules, for instance, are still a valuable option, along with investor-state mediation, which has demonstrated a high percentage…
…Lombard-Knight and Jakob Kinde (the “Defendants”) before the Judicial Arbitration and Mediation Service of Los Angeles, California (the “JAMS”). Rainstorm was successful in those proceeding. On 26 March 2012, the…
…It is not unreasonable to presume an UNCITRAL convention for the enforcement of settlements reached in mediation could similarly propel the growth of international mediation. At a minimum, the proposal…
