commercial law

Spotlight On India: Mediation Reform And The Big Implementation Problem

Spotlight On India: Mediation Reform And The Big Implementation Problem

The mediation movement in India has had strong supporters who have tirelessly worked on setting up court-annexed centres and starting the conversation on mediation for over two decades now. India, today, has accelerated reform in the commercial dispute resolution space starting with the arbitration ordinance, bankruptcy laws on specialised tribunals and now the Commercial Courts (Amendment) Ordinance, 2018 (‘CCA’) which introduces ‘pre-institution mediation’. Continue reading →

Posted by Ishana Tripathi in GPC, News
The PCA Signs Agreement To Facilitate Hearings In Florence

The PCA Signs Agreement To Facilitate Hearings In Florence

The Permanent Court of Arbitration (PCA) in the Hague will now be able to hold hearings in the Italian city of Florence, after signing a cooperation agreement with the Florence Chamber of Commerce last month. Leonardo Bassilichi, President of the Chamber of Commerce, and Hugo Siblesz, Secretary General of the PCA, attended the official signing ceremony on 29 March in Florence’s historical centre.

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Posted by Natasha Mellersh in GPC, News
Italy’s Mediation Law: An Overview

Italy’s Mediation Law: An Overview

The Italian experience in mediation regulation provides a comprehensive view of the various types of mediation and the effectiveness of the various mediation frameworks employed over time.

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Posted by GPC Series in GPC
Ask An Expert: Mark Appel

Ask An Expert: Mark Appel

Mark Appel, an independent international Arbitrator, Mediator, Consultant and Trainer, discusses online dispute resolution (ODR), cybersecurity and the impact of technology on the dispute resolution process.

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Posted by Natasha Mellersh in Ask An Expert, GPC
European Disputes Trends

European Disputes Trends

Today is Europe Day! What better way to celebrate than to look at the dispute resolution trends in the recently published rule of law data across the European Union. This year marks the 60th anniversary of the historical ‘Schuman declaration‘ and the existence of the Treaty of Rome – which led to six decades of peace and integration in Europe.

At a time where media attention has primarily focused on the challenges faced in the region, there has at times been little focus on the many areas of progress within the European Union. However, following the recent French elections, there is fresh hope within the EU for dialogue and reconciliation among existing Member States, although there is still much work to be done.

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Posted by Natasha Mellersh in GPC
Avoiding The Litigation Spiral

Avoiding The Litigation Spiral

Fisher and Ury’s ‘Getting To Yes‘ in 1981 was influential because it changed our prevailing attitudes from time-honored positional bargaining towards a more 21st Century interest-based negotiation. Thirty years later, Professor John Lande at the University of Missouri School of Law presented another important philosophical approach to dispute resolution in his book ‘Lawyering with Planned Early Negotiation’ (2011), which is directed at external counsellors.

He directly challenges the default approach to dispute resolution, which he calls litigation as usual” or LAU. Professor Lande points to the paradox of the “vanishing trial“, that despite LAU, only about 10% of cases in state courts and about 2% of cases in the federal courts actually get to a full-blown trial. Almost all are settled. The problem is that the 90% or 98% that settle are mainly resolved very late in the litigation life cycle, after most of the time and cost consumed in litigating have been spent.

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Posted by GPC Series in GPC, News

Ten Takeaways From The GPC Data

A summary of the aggregate data from seven GPC events (Singapore, Mexico City, Lagos, New York, Geneva, Toronto and Madrid) was recently published on the GPC website. The Mediator Academy has distilled the report down into 10 interesting takeaways. The infographic focuses on the key areas – party desires, needs and expectations, current practice, promoting access to justice and ways in which to improve commercial dispute resolution.

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Posted by GPC Series in GPC, News
Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

The early voting data from the first 10 Global Pound Conference (GPC) Series events has revealed that both the user and advisor stakeholder groups share a view that the future of commercial dispute resolution would be assisted if there was legislation in place to improve the enforcement of mediated settlements. Users are parties to disputes: the clients, and advisors are typically private practice lawyers. Read more

Posted by GPC Series in GPC, News
Global Pound Conference Berlin

Global Pound Conference Berlin

The Berlin Global Pound Conference, held on 24 March 2017 at the International Chamber of Commerce in the heart of the capital, was the first I had attended in the series of 39 worldwide events. The conference brought together an effective representation of Germany’s dispute resolution community, with handpicked in-house and external lawyers, institutional representatives, ADR specialists, academics and others, all stakeholders were well represented. Read more

Posted by Natasha Mellersh in GPC, News
Can We Still Be Friends? London As A Global Seat Of Arbitration Post-Brexit

Can We Still Be Friends? London As A Global Seat Of Arbitration Post-Brexit

Michael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas opened his recent article An Unamicable Separation: Brexit Consequences for London as a Premier Seat of International Dispute Resolution in Europe with the following quote, attributed to the most prolific of all authors, ‘unknown’:

“I try not to think of divorce as failing at marriage but rather winning at bitterness and resentment.” Read more

Posted by Peter Boyle in GPC, Opinion