…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,…
…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)…
…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….
…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,…
…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…
