New arbitration law to boost tourism

Jamaica2017 | Agosto 26
Passed in April, the Arbitration Act 2017 repealed and replaced the 1900 Arbitration Act and seeks to provide an effective non-judicial mechanism for settling disputes between contracting parties.
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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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US Supreme Court Invalidates State Rule That Disfavored Arbitration

Tribunal Supremo EEUU2017 | Agosto 21
The US Supreme Court invalidated a state court rule that had held unenforceable arbitration agreements entered into under broad powers of attorney whenever the powers of attorney did not expressly entitle the representative to enter into an arbitration agreement.
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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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Life after ICSID: 10th anniversary of Bolivia’s withdrawal from ICSID

Bolivia2017 | Agosto 12
It has been ten years since Bolivia denounced the International Centre for Settlement of Investment Disputes Convention (“ICSID Convention”), becoming the first country to withdraw from the ICSID Convention in history. True, several countries have never even signed the ICSID Convention in the first place (including large economies such as Brazil and India), but until 2007, no countries had denounced the treaty.  After Bolivia´s denunciation, Ecuador and Venezuela soon followed.
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E-DIVORCE: How artificial intelligence could help Australian couples break up quickly and cheaply

Divorcio2017 | Agosto 10
The federal government has granted $341,000 to National Legal Aid to investigate creating a system that could reduce the number of long and expensive divorce proceedings.

The scoping project will be managed by the South Australia Legal Services Commission.
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Decentralized arbitration to address blockchain disputes

Internet2017 | Agosto 8
Once bitcoin was created, there appeared a necessity to resolve disputes that emerge in decentralized society. The rise of Ethereum and smart-contracts emerged in recent years and intensified the request for a decentralized type of legal entity, capable of providing answers to all types of smart questions.

A few years ago a group of enthusiasts inspired with the technology proclaimed that: “Code is law.”
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Is mediation a viable investor-state dispute settlement mechanism?

Tecnología e Internet2017 | Agosto 3
Recent trends indicate a growing interest in investor-state mediation. Previously, the intermittent dialogue in investor-state mediation was speculative and often sceptical. The perception has been that compulsory mechanisms would be necessary for any dispute resolution process involving states to be effective. However, governments, investors and institutions now seem to be considering meditation as a viable tool for resolving investor-state disputes.
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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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Corporate Disputes

Corporate Diputes2017 | Julio 7
Corporate Disputes is a specialized publication dedicated to analyzing the latest developments in corporate and commercial dispute resolution. To read their reports you must become a subscriber. In this new issue, Corporate Disputes examines the latest trends in commercial dispute resolution in the infrastructure, tax and regulation, and private equity funds sectors.
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Making religious arbitration work in America: The Jewish experience

Beth Din of America2017 | Junio 26
Two elements are at play in judicial enforcement of arbitration awards: One is the formal legal elements: Courts are legally incapable of enforcing arbitral awards issued by religious tribunals if they fail to follow the basic legal demands imposed by the Federal Arbitration Act. Second, even if faith-based arbitrators have observed all the formal legal requirements, they must still convince judges that their religious dispute resolution processes are genuinely fair, effective and worth upholding.
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Couples choosing mediation in Family Court on the rise

Familiar2017 | Abril 25
Addressing a press conference on Tuesday, Bonnici highlighted increased efficiency in Family Court proceedings over the first three months of this year, saying that the number of couples opting for mediation had increased by 26.5% compared to five years ago. The number of amicable outcomes has increased by a full 33%.
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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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Can mediation work for sexual abuse survivors?

Australia2017 1 Abril 20
A world-first Australian program is providing a platform for sexual abuse survivors to confront and communicate with perpetrators.

The restorative justice program, conducted by Melbourne’s South East Centre Against Sexual Assault (SECASA), aims to mitigate some of the harm caused by abuse and help survivors move on with their lives.
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California Supreme Court: Arbitration Agreements Must Permit Public Injunctive Relief

Tribunal Supremo California2017 | Abril 10
In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA).
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Florida Supreme Court establishes a separate set of rules and procedures for family court

Tribunal Supremo Florida2017 | Abril 4
The Florida Supreme Court on March 16 released a new set of rules to simplify the family law processes while establishing a separate set of rules and procedures for matters before family court.

The Family Law Rules Committee also released several new forms that were then approved by the members of the full Rules Committee as well as the Florida Bar Board of Governors.
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Judicial leaders call for establishing African Court of Justice

África2017 | Abril 4
African judicial leaders called on Tuesday here for establishment of an African Court of Justice to act as reference for conflict resolution.

The declaration also called for establishment of an African Arbitration Center for Dispute Resolution among African states in accordance with legal frameworks.
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Justice Ministry to Establish 14 Parish Centres

Jamaica2017 | Abril 1
The Ministry of Justice will be establishing 14 Parish Justice Centres across the island this year to train 3,000 Restorative Justice facilitators for the swift resolution of conflicts at the community level.
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Tax Dispute Resolution Alliance formed by KPMG, MacRobert Attorneys

Acuerdos2017 | Marzo 30
KPMG and MacRobert Attorneys have joined ties to create a Tax Dispute Resolution Alliance, building on the longstanding relationship between the two firms on tax dispute matters, going back a number of years.
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Buying online and solving disputes online: 24.000 consumers used new European platform in first year

Consumo2017 | Marzo 24
While there are strong rules in place in the EU to protect consumers, in practice consumers sometimes encounter problems getting redress when their rights are violated, particularly cross border.

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Straus Institute for Dispute Resolution at Pepperdine Named Number One Program in the Nation in USNWR Law School Rankings

Pepperdine2017 | Marzo 21
The Straus Institute for Dispute Resolution at Pepperdine University School of Law has once again been named number one among academic dispute resolution programs in U.S. News and World Report’s 2018 Law School Rankings. Released last week, the rankings place the Straus Institute at the top of the list for the twelfth time in thirteen years.
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CRCICA’s recent caseload: New Annual Record for the second time in four years

CRCICA | Cairo Regional Centre for International Commercial Arbitration2017 | Marzo 13
The total number of arbitration cases filed before CRCICA until 31 December 2016 reached 1161 cases. In 2016, 91 new arbitration cases were filed, scoring as such 75% annual increase compared to the 54 cases initiated in 2015. 2016 witnessed a new record for the number of cases registered under the auspices of CRCICA in a single year (91 cases). The previous record, reached in 2012 (78 cases), has therefore been broken.
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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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