Opinion

Mediation and Conciliation in UAE

Mediation and Conciliation in UAE

Originally published on Mediate.com, August 2018. 

Mediation is a non-judicial means of dispute resolution, and it has become very prevalent because of the disadvantages or limitations faced in litigation. Mediation or conciliation has been in UAE for centuries as it has helped resolve disputes cheaply, efficiently and expediently. Sulh or amicable settlement has a long history within Arab and Islamic societies and has its roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution.

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Posted by Ruxandra Gheorghe in GPC, Opinion
Autonomy Of The Parties And The Mediation Convention

Autonomy Of The Parties And The Mediation Convention

The United Nations Convention on International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Convention”) and the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Model Law”), which was concluded by UNCITRAL at the beginning of July 2018, are two valuable developments for the international commercial mediation field.

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Posted by Ruxandra Gheorghe in GPC, Opinion
Co-Mediation In A Cross-Border Context

Co-Mediation In A Cross-Border Context

Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

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Posted by GPC Series in GPC, Introductory Guide, Opinion
E-Discovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

E-Discovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

At a recent conference in Hong Kong, attendees were asked about how to improve the dispute resolution process for all parties. Data generated from a live, technology-enabled poll of the audience led to a thought-provoking discussion on the priorities and limitations to innovation in the dispute resolution process, specifically in Hong Kong.

Panelists and attendees agreed that the region currently has a quite low-tech experience, and some of the biggest obstacles attorneys face when seeking to resolve commercial disputes are financial and time constraints. Read more

Posted by GPC Series in GPC, Opinion
Evolution Or Revolution? Are We Up For It?

Evolution Or Revolution? Are We Up For It?

In a wave of efforts by arbitral institutions to share more and more information with the arbitral community, we are in a better position than ever before to observe and compare what arbitral institutions are doing in response to users’ wishes. White & Case’s recent research shows that arbitral institutions are becoming increasingly flexible and responsive to what users are asking for. Flexibility was in fact identified as one of the most valuable characteristics of arbitration in the 2015 International Arbitration Survey conducted by White & Case and Queen Mary, University of London.

White & Case examined the most recent statistics and other information publicly available from ten major arbitral institutions to see if there were any overarching trends or themes that stood out. A very positive factor in itself was the data gathering process in that it revealed a growing willingness by the institutions to publish and share data.

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Posted by GPC Series in GPC, Opinion