On the third day of the Inaugural California International Arbitration Week, Silicon Valley Arbitration & Mediation Center (“SVAMC”) held a webinar on the locus of international disputes. The focus of…
…analysis of periodicals and other publications. These were Arbitration International (associated with the LCIA), Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (CIArb), Asian International Arbitration Journal (SIAC)…
…Panel of Investor-State Mediators. Meg Kinnear (Secretary General of ICSID) noted that the ADGM’s initiative perfectly complements ICSID’s own initiative in introducing Investor-State Mediation Rules, which have been approved by…
…rules as well as updated fact-finding rules. What was the main driver leading to the development of these rules? How do you anticipate that mediation or fact-finding proceedings under these…
…operational at that point. In 2021, it also issued its mediation rules by way of Decision No. 8 of 2021, strengthening the centre’s resolution to resolve commercial disputes between companies,…
…or arbitral proceedings. The Mediation Law governs general procedure for conducting mediation, introduces requirements to mediator, rights and obligations of mediator and parties to mediation. Procedures resembling mediation and out-of-court…
…arbitration). The recommendation to remove prohibitions on ORFSs does not extend to civil litigation, standalone mediation, and court proceedings such as matrimonial and family proceedings. Considering the less sophisticated nature…
…of Kutch arbitration resolved a long-running border dispute between India and Pakistan through a three-member tribunal, following the successful cease-fire mediation by the UK Prime Minister, Harold Wilson. The dispute…
…clauses seeking to include mediation might consider, inter alia: when to make mediation available (early, during the amicable dispute period, or at any stage); whether to make mediation entirely optional…
…for the Building Industry (Raad van Arbitrage voor de Bouw) and UNUM Transport Arbitration & Mediation do not contain confidentiality provisions whatsoever. Confidentiality obligations arising from the parties’ agreement or…
…services to individuals and businesses who wish to resolve conflicts through mediation and arbitration. Barry Penner Q.C. serves as VanIAC’s Managing Director. Mr. Penner, thank you for joining us on…
…distant possibility. Moreover, the legislator has been aggressively promoting (and even requiring) mediation for commercial disputes in the last few years to ease the caseload of commercial courts. Thus, a…
…TPF in investor-State dispute settlement (ISDS), including publication of the VIAC Rules of Investment Arbitration and Mediation (VIAC Investment Arbitration Rules), have enticed us to revisit the subject. TPF continues…
On November 12, 2021, the new arbitration rules (the “2021 Rules”) of Paraguayan Arbitration and Mediation Center (“CAMP” for its acronym in Spanish) –the main arbitration institution in Paraguay –came…
…would review panel decisions. Importantly, the mechanism also authorizes the use of arbitration, along with good offices, conciliation, and mediation. Some suggest that the Dispute Settlement Body could learn from…
…appeal process, it is conceivable that arbitration would be utilised, perhaps if mediation is unsuccessful (as carbon contracts often provide). One model might be the Gold Standard Rules mentioned above,…
…and internationally to collaborate with California businesses, their corporate counsel, law firms, ADR providers, and universities to support international arbitration and mediation in California. CalArb’s broader mission is to provide…
…Paraguayan Arbitration and Mediation Center (CAMP) issued new Arbitration Rules which now incorporate emergency arbitration proceedings, rules for expedited procedures, and procedures for multi-party and multi-contract arbitrations. Likewise, the Center…
…Introducing an express provision for the commencement of a single arbitration dealing with claims under multiple contracts. Requiring tribunals to raise with the parties the possibility of using mediation or…
…P.R.I.M.E. Finance Arbitration Rules (and mediations brought under its Mediation Rules) would henceforth be administered by the PCA. The PCA is the world’s oldest arbitral institution, with over a century…
…arbitration, the use of mediation in arbitration, and the drafting of arbitral awards. These Guidelines have been drafted by arbitration specialists from both common and civil law backgrounds and codify…
…and other cases before international courts and tribunals, and 291 international proceedings related to Human Rights protection. To these numbers, we should add other non-contentious proceedings: 1,160 mediation processes, 540…
Brazil is an interesting actor in the field of investment-related treaties. For example, Brazil has been a major player when it comes to foreign direct investment (“FDI”) outflows. This was…
…a fruitful alternative to arbitration in such situation. While arbitration and mediation are often promoted by highlighting similar qualities, the distinction is that in mediation parties craft their own solution…
