China requires better training for mediators

China2018 | Mayo 2
China has issued a guideline to improve its mediation teams nationwide, asking for more professional training and strict management of mediators.

The guideline requires legal departments and mediation committees to provide training programs for mediators.

Training in social development, law and policies, ethics, professional knowledge and mediation skills is preferred, the guideline added.
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In Oman, an ancient mediation method gets a makeover

Indígena Tribal2018 | Enero 16
Omani Mahmoud bin Yousef Temtemi found himself in a pastoral predicament this autumn – his neighbour’s flock of sheep had overrun his farm and gobbled up is crops, threatening his income.

Rather than make a scene or turn to the police, Temtemi chose to raise his complaint in Omani tradition: through the local “sabla”, or council.
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HCMC launches Commercial Arbitration Association

HCCAA | HCMC Commercial Arbitration Association2018 | Enero 6
That is the country’s first commercial arbitration association, lawyer Nguyen Van Hau has been elected chairman.
Stating at the ceremony, deputy director of HCMC Justice Department Phan Thi Binh Thuan said that commercial arbitration is one of judicial support sectors calling for social participation sooner than others such as notarization, assessment and bailiff.

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Hong Kong civil disputes to embrace apology

Hong Kong2017 | Agosto 22
The Hong Kong Legislative Council recently passed the Apology Bill with the aim of removing certain legal disincentives for parties to convey an apology in the context of civil disputes. In the footsteps of many overseas jurisdictions which have already adopted apology legislation, Hong Kong is the first Asian jurisdiction to enact this type of legislation, which generally precludes an apology from being taken into account in the determination of fault and liability.
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Mediation, arbitration to enter law school curriculum

Jurisprudencia India2017 | Agosto 20
To make India a hub of mediation and arbitration, the Ministry of Law and Justice will include Alternative Dispute Resolution (ADR) practices and techniques in law schools’ curriculum. 

The ministry is also mooting for collaboration with foreign law schools and universities and experts in mediation to conduct lectures and courses on mediation practice and techniques.
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International arbitration report | Norton Rose Fulbright

Arbitraje2017 | Julio 17
In this issue, Norton Rose Fulbright features a number of articles on investor-state dispute settlement (ISDS). Lawyers from across this global firm review various developments in this area, including requests for reconsideration in ICSID and UNCITRAL arbitration, whether the doctrine of precedent could or should apply in investment arbitration and the trends in investor-state disputes that can be identified from recent ICSID statistics. NRF also has the pleasure of interviewing Meg Kinnear, Secretary-General of ICSID, to get her thoughts on key developments in ICSID arbitration during her term, challenges facing ISDS and how we might see it evolve over the next 50 years.
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The “Do’s And Don’ts” of Drafting Arbitration Clauses When Doing Business with Chinese Parties

Tribunal Supremo China2017 | Junio 7
When non-Chinese parties conduct business in China, or with a Chinese party, several factors must be considered when crafting an arbitration clause to ensure it is enforceable and provides for an effective form of dispute resolution.
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40,000 workers benefit from mediated disputes

Laboral Empleo Desempleo2017 | Abril 24
An alternative dispute settlement mechanism of the Department of Labor and Employment (DoLE) has proved its effectiveness in settling labor conflicts involving monetary and collective bargaining benefits amounting to more than P2 billion. Labor Secretary Silvestre Bello 3rd on Monday said it was a record expeditious settlement of labor disputes using the alternative dispute resolution.
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Alternative Dispute Resolution: the Bill

Gobierno de Pakistán2017 | Marzo 6
The Bill has now been sent to the Senate for approval. By the unassuming title one would not be able to decipher just how backward this bill, if made law, will take us. It has gone beyond purely commercial matters to affect areas that in Pakistan should only be dealt with by the formal court system.
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VIAC Announces the Official Release of the VIAC Rules 2017

VIAC | Vietnam International Arbitration Centre2017 | Febrero 24
On 3 February 2017, the Vietnam International Arbitration Centre (VIAC) officially released the new 2017 VIAC Arbitration Rules (VIAC Rules 2017), which is scheduled to come into effect on 1 March 2017.
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Qatar introduces new arbitration law

Qatar2017 | Febrero 22
The Qatar International Court and Dispute Resolution Centre (QICDRC) has hailed the publication of Law No 2 of 2017 issuing the Arbitration Act in Civil and Commercial Matters, The Peninsula of Doha has reported.

Faisal Al Sahouti, the CEO of QICDRC said the new law is intended to meet the economic and commercial needs of Qatar and those doing business in the country.
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Integrate ‘khaps’ into judicial system, say experts

Jurisprudencia India2017 | Febrero 20
Legal experts and social activists on Monday called for integrating the age-old ‘khap panchayat’ system into the formal justice dispensation mechanism to provide quick and effective justice to litigants and resolve the problem of increasing number of court cases estimated at over 30 million.
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Israeli students win int’l commercial mediation competition

Rachel Rhodes and Daniel Winer photo: PR2017 | Febrero 14
Students from Israel’s College of Law and Business (CLB) in Ramat Gan have won the International Chamber of Commerce’s (ICC) International Commercial Mediation Competition, which was held in Paris last week. This is the world’s foremost competition on the subjects of business mediation and dispute resolution.
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Bill to restore authority of rabbinical courts advances

Torah, Rabbinical Courts2017 | Febrero 5
The Ministerial Committee for Legislation approved Sunday a bill granting rabbinical courts the power to serve as arbitrators in cases involving civil law.

The bill, which was initiated by MKs Uri Maklev and Moshe Gafni (United Torah Judaism), is intended to restore the power the rabbinical courts had until about a decade ago, when the Supreme Court removed the authority to serve as arbitrators in cases involving civil law from the rabbinical courts. Sigue leyendo

Singapore Mediation Centre handles record number of cases in 2016 – 72 per cent more than 2015

Singapore Mediation Centre | SMC2017 | Enero 27
Last year, the Singapore Mediation Centre (SMC) recorded the highest number of cases filed in its 20-year history.

The centre saw 499 cases in 2016, a 72 per cent increase over 2015.
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The China-Africa Joint Arbitration Centre

CAJAC | China-Africa Joint Arbitration Centre2017 | Enero 26
The China-Africa Joint Arbitration Centre (CAJAC) was established in August 2015 to address resolution of commercial disputes between Chinese and African parties.

The Beijing Consensus, calling for a joint dispute resolution framework to be developed between China and Africa, was signed in June 2015 by a wide range of Chinese trade commissions, arbitral bodies and universities, as well as delegates from Africa. It was followed by the signing of a similar consensus in Johannesburg in August 2015, resulting in the establishment of CAJAC.
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New UAE Penal Law Allowing for the Imprisonment of Biased Arbitrators Leads to Widespread Concern and Uncertainty in International Arbitration Community

Penal2017 | Enero 17
Through a recent amendment to Article 257 of the UAE Penal Code, any arbitrators, experts, or translators who issue biased decisions or opinions in UAE arbitration proceedings may now be subject to criminal liability. The new law has led to widespread concern and uncertainty in the international arbitration community.
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Sri Lanka business chambers conduct briefing on introducing mediation for the resolution of commercial disputes

Sri Lanka2017 | Enero 15
Introduction of ‘Commercial Mediation’ will offer Sri Lanka’s business community an optional dispute resolution mechanism in addition to litigation and Arbitration, both of which are riddled with delay and expense.
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Emirates Maritime Arbitration Centre signs MoU with Dubai International Arbitration Centre

Emirates Maritime Arbitration Centre (EMAC)2017 | Enero 12
The Emirates Maritime Arbitration Centre (EMAC) has signed a Memorandum of Understanding (MoU) with Dubai International Arbitration Centre (DIAC). Key to the framework of the agreement is knowledge sharing and cooperation on resolving commercial disputes in the UAE and abroad.
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Two Bills passed to boost Singapore’s position as dispute resolution hub

Legislacion2017 | Enero 10
Parliament on Tuesday (Jan 10) passed into law two bills – the Civil Law Amendment Bill and the Mediation Bill – to bolster Singapore’s position as a dispute resolution hub.

The former allows third-party funding to finance international commercial arbitration, while the latter beefs up enforcement of mediated settlements to support international commercial mediation.
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Delhi High Court interprets applicability of amendments to Arbitration Act

Jurisprudencia India2017 | Enero 8
The changes made in 2015 to the Arbitration Act, under which there is no automatic stay on an award being challenged, would not apply if they affect enforceability of an award in proceedings which commenced before the amendment came into effect on October 23, 2015, the Delhi High Court has said.
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Emirates Maritime Arbitration Centre opens up for membership

Emirates Maritime Arbitration Centre (EMAC)2017 | Enero 4
The Emirates Maritime Arbitration Centre (EMAC) is opening up to new memberships, both individual and corporate.

EMAC started operations on the 2 November last year to offer a regional platform to settle maritime disputes.
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SIAC Announces Official Release Of The SIAC Investment Arbitration Rules

Singapore International Arbitration Centre (SIAC)2016 | Diciembre 30
The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of the first edition of the Investment Arbitration Rules of the Singapore International Arbitration Centre (1st Edition, 1 January 2017) (SIAC IA Rules 2017), a specialised set of rules to address the unique issues present in the conduct of international investment arbitration. The SIAC IA Rules 2017 will be available on the SIAC website from 31 December 2016, and will come into effect on 1 January 2017.
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Enforcement of arbitration rulings faces challenge in Asia

Jurisprudencia2016 | Diciembre 28
A dispute between a European group and its partner in Thailand about arbitration rulings is raising doubts about investor safeguards in Asian countries where such awards are being challenged.
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Two Tier Arbitration Procedure Permissible Under The Laws Of India: SC

Jurisprudencia India2016 | Diciembre 16
In a landmark judgment accepting the concept of ‘two tier arbitration’ or ‘second instance arbitration’, a three judge bench of the Supreme Court comprising of Justices Madan B. Lokur, R.K Agrawal and D.Y Chandrachud answering a reference made in 2006 due to divergence of opinions between Justice S.B.Sinha and Tarun Chatterjee, held that arbitration clauses which provide for a two- step arbitration process are valid under Indian arbitral jurisprudence.
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