GPC

An Introduction To Construction Disputes

An Introduction To Construction Disputes

Many factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by GPC Series in GPC, Introductory Guide
‘Linking Your Thinking’ To Satisfy Your Clients

‘Linking Your Thinking’ To Satisfy Your Clients

Do you want to make sure that your commercial clients are happy with the dispute resolution services you are providing? Are you committed to tailoring your business to meet their needs? Irrespective of whether your clients are ‘dispute-savvy’ or still finding their way into the world of commercial dispute resolution, there are things that you can do to make sure you meet their expectations.

The Global Pound Conference is travelling around the world asking commercial users, judges, mediators, lawyers, academics and government officials to share everything they know about the best ways to meet the expectations of commercial clients. After analysing the feedback from the first 350 respondents, we have identified three steps that can help you meet the expectations of your commercial clients. Read more

Posted by GPC Series in GPC, News
London After Brexit: Business As Usual?

London After Brexit: Business As Usual?

Reading the headlines, Brexit-ing Britain may appear a hostile place – the public, we are told, favours being told the number of foreigners being employed by companies in Britain, and academics at the London School of Economics find that they are debarred from giving their non-British opinion on Brexit, lest, one assumes, they steal bread from the mouths of native political scientists.

It would be careless, therefore, for lawyers not to ask what impact Brexit would have on the UK as a seat of arbitration. As it stands, the UK- or more specifically, London – is clearly an attractive seat for arbitration proceedings, being the home of the Chartered Institute of Arbitrators, the London Court of International Arbitration, and the London Maritime Arbitrators Association. Read more

Posted by Peter Boyle in GPC, News
New Competency Criteria for Investor-State Mediators

New Competency Criteria for Investor-State Mediators

Investor-state disputes are constantly changing, as are the ways they are being resolved. While arbitration is well known in the area of investor-state disputes, mediation is also beginning to gain ground as a potential choice for some investors.

In September, the International Mediation Institute (IMI) published a comprehensive set of Competency Criteria for Investor-State Mediators, aiming to assist users and providers of dispute resolution services in selecting suitable mediators for disputes between private sector entities and states Read more

Posted by Natasha Mellersh in GPC, News
The Mediation Process: When And Why It Is Used

The Mediation Process: When And Why It Is Used

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case.

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Posted by GPC Series in GPC, Introductory Guide
Dawn Of Technology In Dispute Resolution

Dawn Of Technology In Dispute Resolution

The growth of online shopping, online financial trading, online banking to online tuition, emphasises our growing dependence on technology and online communication. Technology has changed almost all areas of human existence, and dispute resolution is no exception. The internet and the use of computers are now an integral part of our lives.

We live in an inescapable world of technology; this extends to law practice in the form of online dispute resolution (ODR). ODR is the use of information and communication technologies to assist parties to manage, transform and resolve their differences/conflicts. ODR is, of course, a broad field with many facets, based on technology supported third party intervention efforts aimed at dispute resolution, peace-building or conflict management. Read more

Posted by GPC Series in GPC, News
Ask An Expert: Sophie Nappert

Ask An Expert: Sophie Nappert

Sophie Nappert, an Arbitrator in independent practice at 3 Verulam Buildings in London, discusses the importance of the drafting process and the increased use of technology in international arbitration.

What is your current role in dispute resolution?

My current role is that of provider of arbitration services as arbitrator. What made me specialise in dispute resolution was, as it often is, a combination of both preference and circumstances. I focus on international arbitration in the energy, infrastructure and foreign investment fields.

Continue reading →

Posted by Natasha Mellersh in Ask An Expert, GPC
3 Signs That You (Or Your Clients) Are Dispute-Savvy

3 Signs That You (Or Your Clients) Are Dispute-Savvy

Whether you are a dispute resolution practitioner or a commercial operator, you know that some manage to navigate the commercial dispute resolution world more effectively than others. What distinguishes those who thrive from those who barely survive?

The answer may be simpler than you think, but the implications of understanding this could have a big impact on the way you approach commercial disputes. Read more

Posted by GPC Series in GPC, News
The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

Alternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation.

While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended to be pursuant to treaties under public international law with states acting against other states on behalf of their nationals and their commercial interests. Such arbitrations tended to be between imperial powers – British, Dutch, Portuguese or Soviet – and only following the dismantling of these empires and the consequent explosion in the number of independent nation states did international arbitration become the mainstream concern it is today. Read more

Posted by GPC Series in GPC, Introductory Guide
Answering The Call For A New York Convention On Conciliation

Answering The Call For A New York Convention On Conciliation

Alternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation. Read more

Posted by GPC Series in GPC, News
Ask An Expert: John Sturrock QC

Ask An Expert: John Sturrock QC

John Sturrock QC discusses life as a mediator, the importance of an effective cross-cultural dialogue and key challenges facing mediation today.

Tell us a bit about yourself.

I am a Scot, happily married to Fiona with three outstanding children, all making their way in the world at the ages of 27, 25 and 22. Each has undertaken a bit of mediation training with me and seem to have more skills in problem-solving than I ever had! I have had a varied and exciting career.

I studied law in Edinburgh and Philadelphia and then went to the Scottish Bar in 1986, where I was fortunate to develop a really interesting practice in civil work. I even made it to the House of Lords! In the mid-90s, I had my first career change, taking on the role as inaugural Director of Training and Education at the Scottish Bar where we created a world-leading advocacy skills programme. During that time, I also studied negotiation at Harvard and trained as a mediator. These really opened my eyes to a different way of doing things. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Secrets of a Global Super Court – A Second Look

Secrets of a Global Super Court – A Second Look

Regardless if you see it as being catastrophic or simply weird, for many and varied reasons, 2016 looks set to be a most memorable year. For arbitration lawyers, it could be marked as the year in which investor-state arbitration became a talking point. How do we know this? Well, because 2016 was the year in which BuzzFeed – otherwise known for pop culture, listicles, and lots and lots of cats – published a four part series on investor state dispute settlement (ISDS), entitled Secrets of a Global Super Court.

Amplifying the sense of injustice suggested by the title, the article opens with an invitation to “Imagine a private, global super court that empowers corporations to bend countries to their will. Read more

Posted by GPC Series in GPC, Opinion