Med-Arb Clauses

ADR, Australia, Cross-cultural, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Med-Arb Clauses, Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Uncategorized

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

They say that you can take the girl out of Australia but that you can’t take Australia out of the girl. So as an Australian living in Hong Kong, let me leave the east-meets-west stories for another time and begin with the very Australian concept of BYO. It’s a long established tradition in Australia to…

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…