Arbitration and settlement: Influence of culture, legal tradition

2018 | Abril 10
Culture and legal tradition often determine what goals and values are associated with dispute resolution, and so influence process choices. Views of mixed-mode dispute resolution processes such as single-neutral Med-Arb, in which a mediator changes hats and becomes an arbitrator in the course of resolving a dispute, or Arb-Med, in which an arbitrator changes hats to become a mediator, are heavily influenced by culture and legal tradition.
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From Judge to Mediator and Arbitrator

ADR Mediación2018 | Marzo 21
After 36 years as a state court trial and appellate judge, including eight in the commercial division and 21 managing mass torts, I anticipated a seamless transition to becoming a neutral. After all, I had tried, conferenced and settled thousands of cases. To be sure, I realized I would lack the hammer of the imminent trial alternative, so I took several courses in mediation, some of which involved role playing. But ultimately I thought it would just come naturally. After three years as a neutral, I can report that while my judicial skills prepared me in some ways, they presented obstacles in other ways
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DIFC Courts to Resolve Designers, Fashion Industry Disputes

2018 | Marzo 17
Dubai Design & Fashion Council (DDFC) support opt-in to DIFC Courts through new cooperation agreement with DIFC Dispute Resolution Authority (DRA)

Dubai Design & Fashion Council (DDFC) today signed a cooperation agreement with DIFC Dispute Resolution Authority (DRA), including DIFC Courts, to pave the way for wider adoption of the English language, international law courts system by Dubai’s fast-developing design and fashion sector.
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Encouraging Greater Use of Mediation in International Commercial Arbitration

ADR Mediación2018 | Marzo 16
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway it is the experience of the authors corroborated by empirical research that mediation has not been widely accepted as a means to reach settlement.
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Providing For De Novo Review of Award Can Invalidate The Arbitration Agreement

US Court of Appeals, 10th Circuit2018 | Febrero 26
A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the arbitration agreement unenforceable because the parties provided for de novo review of any arbitration award in federal court, which is prohibited under the Hall Street decision from SCOTUS in 2008.
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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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