All the rage – should confidentiality agreements in harassment cases be allowed?

Acoso laboral2018 | Febrero 15
What you would lose in the end is the right of the person who may need it most, the victim, to decide what is best for him or her. If they want to make their stand, they can, and maybe that will be what the perpetrator deserves. But maybe they would genuinely prefer to make a new start somewhere else with an ok reference, a decent financial cushion and clear assurances of discretion from the former employer so as to put what may have been a traumatic experience behind them. In those circumstances, agreeing not to talk about something which you have neither need nor wish to talk about seems a very small price to pay and one which victims should be free to agree if they want.
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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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The Use of Technology in Mediation: Inexpensive Tools to Present Your Case

ODR2018 | Enero 15
With today’s technology, there are many inexpensive, yet powerful tools that can be used to present your case in a mediation setting. As the saying goes, “a picture is worth a thousand words,” so why not make it as effective as possible? For a case with some holes, you may create an impression with the opposition that you have a great case or if you have a surefire winner, you can buttress that fact. Not to mention, there’s the side benefit of showing your client that you have given their case added or special attention.
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When Is Arbitration Too Expensive? Financial Ability Is a Consideration

Ensayos2018 | Enero 8
Whenever Bob discusses arbitration with a client he talks about the advantages of avoiding court proceedings. His first words always are “You save so much money. Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides.
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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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U.S. lawmakers propose ban on arbitration of sexual misconduct claims

Derechos Civiles Discriminación Género2017 | Diciembre 7
Members of the U.S. Senate and House of Representatives unveiled the bill on Wednesday, saying mandatory arbitration agreements had forced women to privately arbitrate misconduct claims, effectively silencing victims and enabling serial harassers.
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Top 10 Negotiation Skills

Harvard Law School2017 | Diciembre 7
Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation.
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2017 Litigation Trends Annual Survey | Norton Rose Fulbright

Estadística2017 | Octubre 30
Norton Rose Fulbright has released its 2017 Litigation Trends Annual Survey. This year’s survey polled more than 300 senior corporate counsel representing US-based organizations on disputes-related issues and concerns.

Survey respondents point to a growing threat to cyber security, an issue they indicate stands as the greatest emerging threat to a business. Nearly two-thirds of those polled (63 percent) feel more exposed to disputes in this area.
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If mediation takes place there is no assumption of guilt

Rape Violación2017 | Octubre 24
A former African National Congress (ANC) MP, Jennifer Ferguson, said on Tuesday, that she reached out to a top South African sports boss offering a “mediated restorative justice” process following allegations that he raped her at a Port Elizabeth hotel 24 years ago.

“I need to state that if mediation takes place there is no assumption of guilt,” Ferguson posted to Facebook on Tuesday.
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International arbitration report

Estadística2017 | Octubre 1
Welcome to issue 9 of Norton Rose Fulbright’s International arbitration report.

In this issue, Norton Rose Fulbright features the exciting topic of innovation and disruption in international arbitration. They review the procedural and technological advances that are, or soon will be, changing international arbitration and dispute resolution more generally. Their lawyers track the global trends, risks and opportunities in this changing landscape.

This report outlines the most-hyped legal technologies such as Artificial Intelligence, Blockchain Technology and Smart Contracts. Norton Rose argues that arbitration, as an inherently innovative process, is well-placed to utilize and benefit from new legal technologies, in particular online dispute resolution and Big Data.
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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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