…mediation in the region captures a variety of perspectives, having been on all sides of the spectrum in a dispute setting: as counsel, as sole and presiding arbitrator, as co-arbitrator…
‘Are cryptocurrency assets a protected investment under investment treaties?’ Evgeniya Rubinina asks in the Journal’s first issue of 2023. It is both a topical and complex question to ask. It…
…efforts such as the Equal Representation in Arbitration Pledge. Most recently, arbitral institutions such as the Belgian Centre for Arbitration and Mediation (CEPANI) and the Scottish Arbitration Centre (SAC) have…
…tentatively) made their way onto the agenda and into a formal UNCITRAL Secretariat working paper for states. The first is mediation as an alternative or complement to arbitration. This proposal…
In recent years, international investment law and the investor-state dispute settlement (‘ISDS’) system have arguably reached their melting point, with an increasing number of participants having diverging interests and perspectives….
…virtual hearings, among others. The group of experts also included mediation practitioners which reflected on how technology has affected mediation proceedings, as well as shared some key takeaways from the…
…sustain the popularity and use of amicable dispute resolution by mediation and negotiation, rather than prioritizing litigation. In the first decision discussed, the Shanghai Second Intermediate Court expressed its concern…
…of dispute resolution such as mediation or arbitration is open to capture by the stronger party unless effectively and externally controlled”)). While this has been the case, the issue of…
…December 2020 which annulled the arbitral award issued on 2 October 2019 by the Centre of Arbitration, Mediation and Conciliation of the Chamber of Commerce, Industry and Agriculture of Dakar…
…for emergency arbitrator proceedings, mediation and enforcement proceedings in courts under the Arbitration Ordinance. It was decided, adopting a “light-touch” regulatory approach, that there should be a Code of Practice…
…provisions on conflict of interests and third-party funding; bring more options for dispute settlement (stand-alone mediation rules and a major update of the conciliation rules and the additional facility mechanism)….
…to successfully embrace mediation and negotiation, among other alternative dispute resolution methods throughout the proceedings. Speakers Leandro Caputo (Partner of CDC Abogados, Buenos Aires) and Ana Vermal (Member of the…
…the Singapore Mediation Convention in International Arbitration With the recent signature and ratification by countries of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“SCM”), Mr. Chao…
…innovation in international arbitration and alternative dispute resolution in California. The Silicon Valley Arbitration & Mediation Center and White & Case jointly presented one of the week’s main events –…
…also VIAC [ed.], Handbook on the Vienna Rules and the Vienna Mediation Rules 2018). Alice concluded by analyzing why the SIAC Cross Institutional Consolidation Protocol 2017 ultimately was not a…
…issues needing to be decided. Ms. Salomon’s remarks appeared to imply that mediation could become an interim step in the arbitration process, which could make sense if the Singapore Convention…
…for all stakeholders in dispute resolution as one of its ten main objectives for the next century. Like the Scottish Arbitration Centre, the Belgian Centre for Arbitration and Mediation (CEPANI)…
…African nation to have taken steps in improving its arbitration legal framework. In May 2022, the Nigerian legislature passed the Arbitration and Mediation Bill. When it is signed into law…
…the payment of monetary damages (Art. 22(b)). Outside court, parties have options regarding choosing mechanisms to resolve their disputes, including mediation and arbitration. So long as they have attempted to…
…international investment treaties, often without calibrating mechanisms that call for sequenced dispute resolution procedures (e.g. mediation, conciliation, negotiations, mini-trials, ombudsman compliance procedures, etc.) before triggering the adversarial, all-or-nothing dispute settlement…
…investigated the continent’s approach to resolving construction disputes. In terms of the most preferred mode of dispute resolution in the construction industry in Africa, respondents chose arbitration (36%), mediation (19.4%),…
…Mediation of the Ecuadorian-American Chamber of Commerce (“CAM-AMCHAM Ecuador Center”)’s new Arbitration Rules entered into force. These Rules follow an innovative approach, which allows for more flexible arbitrations and, at…
…and mediation handled by arbitrators and mediators with expertise in both domestic and international sports disputes. The TCAS also has specific procedural rules adapted to the needs of the sports…
…Model Law. In 2022, the same council published proposed legislation for the enforceability of settlement agreements arising out of international and domestic mediation, either through a new law or an…
