…arbitral or mediation proceedings.”2)Council Regulation (EU) 2022/1904, recital 19. Furthermore, Council Regulation (EU) 2022/1904 specifies in Article 1(12) (amending Article 5n of Council Regulation (EU) 833/2014) that the prohibition “shall…
…teams or mediation) before resorting to arbitration. Such pre-conditions may be optional or mandatory, depending on the language used in the clause. Before going into the question of whether such…
…should be enforceable against consumers, even if such a process presents challenges. Wolf VON KUMBERG & Jessica CROW, The Development of Investor-State Mediation and Its Future in Supporting Energy Transition…
…legislation. Organisations also administer mediation schemes such as the ACCA Mediation Scheme, administered by the Chartered Institute of Arbitrators, and the NHS Claims Mediation Scheme, for which organisations including the…
…arising out of international mediation. Japan is not yet a signatory to the Singapore Convention on Mediation but it has been examining whether signing up to it would require any…
…transparency, conciliation, revision of additional facility rules and standalone mediation rules. She also flagged the developing Code of Conduct for Adjudicators in Investment Arbitration. Anna Joubin-Bret then discussed the work…
…parallel with a mediation, the option of settlement via mediator is a more present option; should mediation fail, the parties will already have a jumpstart on arbitral proceedings, so no…
…dispute resolution, whether by way of mediation or arbitration, appears to also be in its nascent stages. At present, mediation cannot be ordered by the Court without the consent of…
…that really matter when assessing how arbitration-friendly seats are in relation to annulment proceedings. Julia JUNG, Investor-State Mediation – A Third Lane on the ISDS Highway? Julia JUNG examines…
…involved in the existing arbitration community have been very heavily and constructively engaged in our work. WGIII has been considering alternative forms of ISDS, including investment mediation. How do…
…an arbitral institution. The appellee Antônia da Silva Barbosa requested that the arbitration proceeding be administered in her arbitration chamber of choice (Mediation, Conciliation and Arbitration Tribunal of Cuiabá). However,…
…the parties is a priority. Following the discussion, the attendees asked questions ranging from the use of mediation, expert determination, and multi-tier dispute resolution clauses, to diversity and inclusion when…
…Commercial Arbitration (1985) and the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018). The Commission has discussed, and continues to discuss, the development…
…the 2019 United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Mediation Convention), which has been signed by 55 states (as of June 2022). In March 2022,…
…appointments, with only 20% of the appointees being women. AMINZ has also recently launched scholarship programmes focusing on mediation and arbitration, aimed at encouraging diversity and leadership in the…
The General Assembly of the Civil Chambers of Turkish Court of Cassation (“Court”) rendered a controversial decision on 21 December 2021 with No. K.2021/1710 (“Decision”). The Decision provides that, notwithstanding…
The investor-State dispute settlement system (ISDS) is increasingly confronted with disputes related to climate-related measures. Consequently, this fora has been described as the new frontier in climate-change disputes, as tribunals…
…total Respondents stated that the lack of subject-matter expertise of judges impacts litigation costs. 57% of the Respondents noted that mediation is a more cost-effective dispute resolution option than arbitration…
…am mainly in charge of the administration of all the arbitration and mediation cases that we receive. According to the provisions of the Ecuadorian Arbitration and Mediation Act, it is…
…his expertise together with key players in this space, including Margarita Kato (Legal Case Manager, WIPO Arbitration and Mediation Center), Caroline Le Goffic (Professor of IP and digital law, Lille…
…Alliance on Climate Change). The speakers represented dispute resolution in all its modern forms – arbitration, litigation, and mediation. The speakers boldly addressed the hot topic of climate change and…
…counsel experience in settlement and the resolution of disputes: Settlement and risk management for businesses: an in-house counsel roundtable. The panel asked various questions: Do business use mediation, or arbitration…
…prior mediation procedure conducted under the auspices of PriceWaterhouseCoopers. If the mediation fails, the dispute shall be resolved by arbitration under the auspices of the CHAMBRE ARBITRALE INTERNATIONALE DE PARIS,…
…preserve long-term relationships. For a deeper account of investor-State mediation’s cultural dimension, see this prior post. In the panel’s experience, when BRI parties cannot solve the whole dispute through mediation,…
