International Mediation

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

(Esprit d’entente)/ /Leave a comment

On June 1, 2012, the revised version of the Swiss Rules on International Arbitration entered into force (see the recent following posts on the Kluwer Arbitration Blog: http://wolterskluwerblogs.com/blog/2012/05/31/revised-swiss-rules-of-international-arbitration-enter-into-force/ and http://wolterskluwerblogs.com/blog/2012/06/01/entry-into-force-of-the-revised-swiss-rules-of-international-arbitration-%E2%80%93-1-june-2012/). These new Rules (see text of the Swiss Rules at https://www.swissarbitration.org/sa/en/rules.php), based on the UNCITRAL Arbitration Rules, were initially enacted in 2004 in order to…

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…

Cross-cultural, Developing the Field, International Mediation, peace negotiations

(Aina Blankson LP)/ /1 Comment

Globally, the political landscape is currently heated up and does not seem to be abating soon! All but two of the permanent members of the United Nations Security Council are gearing up for leadership changes this year and the pressure of election almost dictates the world’s socio-political space. China is in a transition with leadership…

Cross-cultural, Developing the Field, Europe, General, International Mediation, Mediation Practice, Training, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

It´s about the students and they did themselves proud with South Texas College of Law taking out the magnificent glass trophy – goodness knows how they got it past security at Charles de Gaulle.  Bar Ilan University (Israel) was runner up and there was not much in it. The beautiful people of the mediation world were…

ADR, International Mediation, Uncategorized

(CMS)/ /Leave a comment

After five days of intense competition between 66 teams from 32 countries, the ICC International Commercial Mediation Competition finished yesterday in Paris. The South Texas College of Law (USA) came in first, and the Bar Ilan University (Israel) was the runner-up. In the semifinals both teams beat off their competitors: the University of New South…

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…

Commercial Mediation, Confidentiality, Costs in Mediation, International Mediation, Mediation Act, Mediation Agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Practical Challenges for Mediators, Uncategorized, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Picking up where I left off last post, I want to discuss what I consider to be a major problem with the Ontario Commercial Mediation Act, 2010 (OCMA) relating to the admissibility of evidence of what occurred during a mediation. Generally (with some exceptions) at Common Law anything said or done in mediation is inadmissible…

ADR, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Practical Challenges for Mediators, Standards, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

The ICC International Commercial Mediation Competition is the only moot I know of devoted to international commercial mediation and it will take place in Paris in early February. It’s an annual event organized by the International Chamber of Commerce and has become the best excuse to travel to Paris, drink coffee and eat pastries on the…

ADR, ADR Agreements, Cross-cultural, Deal Mediation, Developing the Field, Disclosure, Dispute Resolution, Dispute Resolution Clause, EU Directive on Mediation, EU Mediation Directive, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Mediation Practice, Mediation Reforms (Legislation, etc.), Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Samoa, UNCITRAL Model Law, War Stories

(Singapore International Dispute Resolution Academy)/ /2 Comments

As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…