I. Background That India is a litigious country and that the courts have a backlog of a huge number of cases is a well-worn cliché. Against such a backdrop, the stage has been set for a mediation law for India which will aim to encourage parties to mediate and resolve disputes instead of stepping…
A Case to Remember: A Voyage Charter Dispute In 2024, I mediated 72 cases, but one stood out in particular—a voyage charter dispute involving the loss of cargo during severe weather. It resonated with me not only because of its complexity but also because it touched on a type of dispute I find especially engaging:…
Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…
Singapore is widely known as a leading centre on the map of international mediation. On 7 August 2019, a signing ceremony for the United Nations Convention on International Settlement Agreements Resulting from Mediation, nowadays commonly known as the Singapore Convention, was held there. On 23 February 2024, Singapore will host the 25th International Bar Association…
The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…
Mr Rimsky Yuen GBM SC JP was appointed as the Secretary for Justice of the Hong Kong Special Administrative Region Government (“Hong Kong Government”) on 1 July 2012. Prior to July 2012, Rimsky practised as a barrister primarily in different areas of commercial law. Apart from acting as advocate in court or arbitral proceedings, he…
I have been musing about what a mediator might say to President Putin given the opportunity. That led me to compose a letter a few weeks ago, with which I have since tinkered. This is merely a thought experiment. The letter goes something like this: “Dear President Putin I write as a mediator, a peacemaker….
A disaster has unfolded in Ukraine and beyond in the month and a half since Russia invaded. Thousands of dead and injured, reports of horrific brutality, millions of refugees and towns and cities reduced to rubble. Russia is also suffering from economic sanctions, the loss of many of its brightest and best and a pariah…
One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…
The escalating situation in Ukraine brings challenges to those of us committed to mediation and peace-making. Is there a time when what we stand for does not work and cannot be pursued? When dialogue, even in the most threatening of situations, is not appropriate? I don’t pretend to have the answers but I have been…
