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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SIAC Announces Appointment of New Chairman

Singapore International Arbitration Centre (SIAC)2016 | Diciembre 5
The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Mr Davinder Singh, SC, as the new Chairman of its Board of Directors with effect from 16 December 2016.
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Third-Party Funding For International Arbitration In Singapore And Hong Kong – A Race To The Top?

Monopolio2016 | Diciembre 13
TPF has traditionally assisted parties with the costs of litigation and arbitration where they would not otherwise have had the resources to protect their rights under a contract.

That paradigm is changing: users of TPF now include parties with significant means who view TPF as a financing tool or, in some circumstances, as an opportunity to bring on board a party with substantial expertise in the tracing and recovery of assets, thereby adding value to the litigation or arbitration process.
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Multinationals launch 50 lawsuits worth $31b against Asian nations

Banco Mundial2016 | Diciembre 8
A new report has found that corporations have launched 50 lawsuits, worth at least $US31 billion, using secret international arbitration tribunals against 11 countries in the Asian region.

The countries affected are currently negotiating the Regional Comprehensive Economic Partnership (RCEP) agreement.
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Singapore Court confirms validity of asymmetric arbitration agreements

Jurisprudencia2016 | Noviembre 30
The Singapore High Court in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 238 recently confirmed that a dispute-resolution agreement constituted a valid arbitration agreement, even if it only granted one party the right to elect to arbitrate a dispute.
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BIAC signs deal with Permanent Court of Arbitration

Bangladesh International Arbitration Centre (BIAC)2016 | Noviembre 24
Bangladesh International Arbitration Centre or BIAC yesterday teamed up with the Hague-based Permanent Court of Arbitration to promote mutual assistance and sharing of expertise. Muhammad A (Rumee) Ali, chief executive of BIAC, and Hugo H Siblesz, secretary general of PCA, signed an agreement in this regard.
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Marriage or Household Conflicts Conciliation Rate Reaches 100% in E China’s Changxing

China2016 | Noviembre 1
The grassroots women’s federation in the county of Changxing, near the city of Huzhou in east China’s Zhejiang Province, managed to resolve 3,464 cases last year to assist the county residents experiencing crisis in marriage.
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Brics dispute resolution mechanism: Challenges ahead, but promises much

BRICS2016 | Octubre 25
The idea behind a Brics-centric dispute resolution mechanism stems from challenges faced frequently by developing countries in existing international arbitration frameworks. Arguably, the current international framework, particularly in investment treaty arbitrations, is extremely unfavourable for developing countries. There is inequitable representation of arbitrators from developing countries on such panels, resulting in a level of obliviousness regarding the socio-economic conditions prevailing in developing nations. This often leads to adverse economic ramifications of arbitral awards for these countries.
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