Culture Includes Corporate Culture in Business Mediations Many articles have been written about cross-cultural negotiation and the role of culture of participants in international mediations. However, relatively little has been said about the role of corporate culture. Those of us who have worked in small and large enterprises know first-hand what this means. Practically every…
The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…
Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…
My colleague and fellow Kluwer author Charlie Woods has likened my scatter-gun approach to starting new projects and coming up with new ideas to “guerrilla gardening”. I am sure he means it as a compliment. Some ideas take seed…. So, here is another seed. Just a week or two ago, I was reading a (UK)…
In the centre of Berlin opposite the State Opera House, there is a large building in Baroque style that was originally built as the Prussian Royal Library in the late eighteenth century, and came to be called the Old Library once the new Prussian State Library was established in the early twentieth century. The words…
Some years ago my wife, Dr. Rosemary Howell, saw an aboriginal speaking stick, 82 centimetres long, at an art gallery on the Queensland Gold Coast. She asked whether it might be possible to obtain a miniature and was told it was indeed possible, so long as she also bought the original. It took several days…
The term “art disputes” encompasses a broad range of disputes in the area of art and cultural heritage. They may relate to copyright and moral rights, chain of title, restitution, acquisition, donation, loan and deposit, insurance of art works, art as collateral in financing transactions, art fairs, digitalization, misappropriation of traditional cultural expressions, and several…
On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…
(This post is being republished because of technical problems when it was first published). Thanks to Martin Svatos, for pointing out in his recent blog a number of cases where mediators or would-be mediators feature in popular films. That set me thinking … A few years ago, I offered a workshop on mediation based on…
(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…
