Arbitration

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
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
Ask An Expert: Eric Chang

Ask An Expert: Eric Chang

Eric Z. Chang, Founder and Principal of LA-based Chang Law, speaks about key topics in international arbitration and the future of dispute resolution.

What is your current role in dispute resolution?

As counsel, I am a provider of dispute resolution. Although I act primarily in a counsel role, as with many practitioners in the international arbitration community, I also accept appointments as arbitrator.

My particular focus is on commercial international arbitration, and investor-state arbitration. I specialised in international arbitration because it is the pre-eminent dispute resolution mechanism in international transactions and international investment. International arbitration borrows from both civil law and common law concepts and practices, and clients from different legal systems also have different concepts of how dispute resolutions should be resolved. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Ask An Expert: S.I. Strong

Ask An Expert: S.I. Strong

S.I. Strong, Manley O. Hudson Professor of Law and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri and an international commercial arbitration specialist, speaks about her career and discusses the rise of international commercial mediation and the increase in multiparty arbitration.

What is your current role in dispute resolution?

As a full-time law professor and arbitrator, I would categorise myself as primarily an advisor.

I got involved in international dispute resolution my first year in practice in New York – I was very interested in private international and comparative law, but I didn’t want to go into transactional practice. My firm became involved in what was then the largest ICC (International Chamber Commerce) arbitration in history, and I had the opportunity to see how complex international arbitration was. From that moment, I was hooked.

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Posted by Natasha Mellersh in Ask An Expert, GPC
The Mexico City Global Pound Conference

The Mexico City Global Pound Conference

The Global Pound Conference (GPC) Series 2016-17 is taking place in different locations all around the world over the next year, with the aim of facilitating the development of 21st century dispute resolution tools and finding answers to different questions in alternative dispute resolution (ADR).

The GPC Series, which officially launched in Singapore on 17-18 March, 2016, is set to hold the last scheduled event in London in July 2017. Over 25 countries worldwide have already committed to holding a GPC event with a total of 42 events and that number may still go up. Read more

Posted by GPC Series in GPC, News
Ask An Expert: Babatunde Ajibade

Ask An Expert: Babatunde Ajibade

Lagos-based disputes lawyer, Babatunde Ajibade SAN, partner at SPA Ajibade, discusses the increasing complexity of commercial disputes and the importance of effective communication in the field of dispute resolution. 

What is your current role in dispute resolution?

My current role in dispute resolution is more often than not as counsel, either in litigation or in arbitration. I have sat as a sole arbitrator once and I’m looking to develop that aspect of my practice further, but for now my predominant experience is as counsel. So, I would describe myself as an advisor.

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Posted by Natasha Mellersh in Ask An Expert, GPC
Choosing the Right Tools

Choosing the Right Tools

A short guide to the different forms of dispute resolution.

International dispute resolution (and dispute prevention) tools provide an alternative or a supplement to litigation within national legal systems which are sometimes perceived as biased in favour of the “local” party. Because of its international focus, adaptability, alternative dispute resolution (ADR) provides the flexibility and intercultural sensitivity that is needed to bring together parties from diverse cultures who may have differing expectations about laws and legal practice. In contrast to litigation, ADR also provides confidentiality, which can be important in business settings. ADR clauses are often included in cross-border transactions.

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Posted by GPC Series in GPC, Introductory Guide
Global Pound Conference – What is it?

Global Pound Conference – What is it?

This series of conferences spanning the globe, explores and raises awareness about a whole palette of tools for the resolution of disputes among nations and businesses. These conflict resolution tools are particularly suited for resolving cross-border conflicts, most commonly between commercial entities, states and private parties.

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Posted by GPC Series in GPC, Introductory Guide
The Story Behind the GPC Series

The Story Behind the GPC Series

The Global Pound Conference Series (GPC Series) is a series of conferences in different locations around the globe, which will help to shape the future direction of alternative dispute resolution tools.

Inviting input and participation from business leaders, policy makers, legal experts and academics, the conference series brings these questions and challenges to major cities around the world thus making it a truly international series of events and sparking a global conversation about the way cross-border business transactions are made.

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Posted by GPC Series in GPC, Introductory Guide