In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty…
On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in…
…a tribunal need not fear breaching concepts of neutrality by simply declaring from the start that mediation is always an option and an efficient means of dispute settlement. Mr. Dymond…
…mid-stream case review conferences and mediation windows) because they could lead to increased costs and psychological biases. Due Process as a Limit to Discretion in International Arbitration The next…
…first attempt to resolve any disputes through mediation. If they fail to reach a settlement within 15 days, either party can then initiate arbitration. The respondent filed a request with…
…Additionally, Piracha’s analysis covers strides made in mediation, particularly emphasizing the establishment of new mediation centers, reflecting Pakistan’s commitment to enhancing its dispute resolution infrastructure. Australia: A Pro-Arbitration Shift Dr….
…explore whether the expert determination should be complemented with mediation, in light of the Singapore Convention on Mediation. While the idea gained general support, there were concerns that the inclusion…
On 16 and 17 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its X Arbitration Congress (“X CAM-CCBC Congress” or “Congress”) in Sao…
…interview is particularly timely in light of the implementation of Nigeria’s long-awaited 2023 Arbitration and Mediation Act, which replaces Nigeria’s 35-year-old Arbitration and Conciliation Act 1988. Please give our readers…
…the US Court of Appeals recognized that “[c]onfidentiality is an important feature of mediation and other alternative dispute resolution processes”, and other jurisdictions have made similar observations.1)In re Teligent, Inc.,…
…the Centre de Médiation et d’Arbitrage des Notaires de Paris (“CMANOT-Paris”) or Paris Notaries’ Mediation and Arbitration Centre. As described in this post, over the years, the French legislator has…
…a mediation stage, acting as an early intervention to encourage amicable solutions and possibly avoiding arbitration or litigation altogether. Drafting clear agreements that define the liability-sharing between data processors and…
…created in the Cayman Islands, Jamaica, Barbados, Trinidad and Tobago, and Guadeloupe, such as: the Cayman International Mediation and Arbitration Centre (CI-MAC), Jamaica International Arbitration Centre, Arbitration and Mediation Court…
On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “Key Issues in International Dispute Resolution: 2023.” The program concluded the…
…fronts, including territorial disputes and trade conflicts such as the removal of Pakistan’s Most Favoured Nation status. While Pakistan has expressed an inclination towards mediation, India emphasized its desire to…
…to encourage the parties’ settlement. This may even include court-led mediation, but then before a different judge than the one called upon. The courts’ facilitative role does not extend to…
…of issues, mid-stream case management conferences, incorporating mediation windows into procedural timetables, pre-hearing conference between arbitrators and counsel. Nevertheless, it is unclear whether (if not doubtful that) these techniques are…
As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal…
…Mediation (the Vienna Rules). We adhered to the original labeling of the award e.g. as interim or partial award as assigned by the arbitral tribunal and also as much as…
…and Mediation Act, 2023, three months are set. Interpretation and application have varied over time, eventually settling for the sparing discretionary application of the limitation by courts under strict application…
…on whether settlements should be encouraged. Axel Reeg listed the preconditions for settlement facilitation, i.e., no objection by the parties, a clear distinction between settlement facilitation and mediation, and that…
…courts in the general loan agreement. Additionally, the failure to raise an arbitration objection during mediation but later raising an arbitration objection during the subsequent lawsuit shall not constitute an…
…to encourage mediation, party involvement in procedural hearings, and the arbitrator’s duty of disclosure. Brian Casey (Bay Street Chambers) and Robin Dodokin (Dodokin Law) debated the opportunities and pitfalls presented…
…Mr. Marasigan considered amicable settlement or mediation as more effective means due to time sensitivity. Ms. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility….
