International Mediation

Commercial Mediation, cross-border mediation, Cross-cultural, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement

(Lutran Avocats & Mediation) and (Attorney & Lecturer, Sorbonne University)/ /Leave a comment

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be carried out voluntarily by the parties. Failing which, the aggrieved party must enter into a court or arbitral process through which the defaulting party is compelled…

ADR, Argument, Australia, Commercial Mediation, Conflict, Dispute Resolution, International commercial mediation, Med-Arb Clauses, Mediation Practice, mediation process, mediation traditions

(University of New South Wales)/ /Leave a comment

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…

Appointment of Mediators, COVID-19, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Economics, Efficiency, Email, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, Japan, Legal Issues, mediated settlement agreement, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Singapore, Singapore Convention on Mediation

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

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

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

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

ADR, Arbitration, Developing the Field, Dispute Resolution, Experience, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Investor-state mediation, lawyers in mediation, Mediation Practice, Mediation Users/Clients, Research, Singapore, Singapore Convention on Mediation, Surveys, user perspectives

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

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….

Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

COVID-19, crisis negotiatons, Dialogue, Economics, Environmental Mediation, Game Theory, Governments/Public Sector, International Mediation, Mediation and Society, Public Policy

(Core Solutions Group)/ /1 Comment

So ended a recent article in the FT by Martin Wolf on the economic response needed in the wake of the coronavirus pandemic. In it he argues that Governments acting in the collective interest must be the buyer of last resort as well as the lender of last resort to prevent the economy imploding as…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, Singapore Convention on Mediation

(Corporate counsel & author)/ /Leave a comment

Anyone managing international business disputes needs to understand the Singapore Convention on Mediation. Not just its terms and limitations, but the reasons why certain matters are included and why others are omitted, as well as how to interpret and apply it. All mediated business settlements with an international angle that are concluded from now on…

Creativity, cross-border mediation, Dialogue, Environmental Mediation, International Mediation, Public Policy, Scotland, Transformation, UN and International Organizations

(Core Solutions Group)/ /Leave a comment

The start of a new decade offers a great opportunity to reflect and plan. There is a growing consensus that the 2020s will be crucial in transforming the way we live and work if we are to have any chance of ensuring the planet is able to accommodate our species. Nearly everything we do is…