Arbitration

ADR Clauses, Appointment of Mediators, Arbitration, Business, Commercial Mediation, Dispute Resolution Clause, Legal Practice, Med-Arb Clauses, Mediation Contract Clause, Pre-arbitration Dispute Settlement Procedures, Settlement Agreements, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /1 Comment

The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing relationships with the individuals clients–the people who work in corporate, government and commercial clients. Transactional lawyers are the ones who document their…

ADR, Arbitration, Commercial Mediation, Dispute Resolution, International Mediation, Mediation Institutions and Rules

(Esprit d’entente)/ /1 Comment

In a previous post I had noted the absence of better inter-connection between the ICC ADR Rules (available at http://www.iccwbo.org/court/adr/id4452/index.html) and the new ICC Arbitration Rules (available at http://www.iccwbo.org/court/arbitration/id4424/index.html) although the latter now open the door, at an early stage of the arbitration proceedings (i.e. the Case Management Conference: Art. 24 para. 1 of the…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

ADR, Arbitration, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures

(Hong Kong Shue Yan University)/ /Leave a comment

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…

Arbitration, Bias, Ethics, Mediation Practice, Mediators’ Conduct

(Diane Levin LLC)/ /Leave a comment

How good are the decisions you make? Are they free from error? From unconscious bias? Are they consistently the product of careful reasoning? Before you answer yes, consider the following questions: 1. A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost?…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…

ADR, Arbitration, Commercial Mediation, Dispute Resolution, International Mediation, Mediation Institutions and Rules

(Esprit d’entente)/ /Leave a comment

On September 12, 2011, the International Chamber of Commerce (“ICC”) launched in Paris the new Rules of Arbitration that will enter into force on January 1, 2012 (the “New Rules”). These Arbitration Rules, whose last revision took place in 1998, were adopted by the ICC World Council in June 2011. On July 1, 2001 the…

ADR Clauses, Arbitration, Combined Clauses, Conciliation, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Med-Arb Clauses, Mediation Agreement, Switzerland

(Esprit d’entente)/ /1 Comment

On May 16, 2011, the Swiss Supreme Court confirmed a previous ruling on the content and interpretation of a dispute resolution clause that provided for a conciliation attempt prior to resorting to arbitration (decision No. 4A_46/2011, X GmbH v. Y Sàrl, accessible here in French). The clause at stake was drafted as follows (free translation…