Arbitration

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

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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

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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…