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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, 0 comments
The Paris ODR Conference – When Law Meets Tech

The Paris ODR Conference – When Law Meets Tech

The 17th annual ODR Conference, which took place in Paris last month, was not your average law event. Entitled Equal Access to Information and Justice Online Dispute Resolution, the conference spanned across two days filled with intense discussions, ideas, exciting projects and most importantly – excellent food. Especially unique, was the combination of tech experts and lawyers from all over the world, and of course those who fit into both categories.

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Posted by Natasha Mellersh in GPC
Lawyers As Mediators In Brazil – To Be Or Not To Be?

Lawyers As Mediators In Brazil – To Be Or Not To Be?

Brazil has come a long way until it finally managed to get its first mediation law into force. The year of 2004 saw the beginnings of judicial reform, in 2010 the Ordinance No. 125 created the national judicial policy for handling conflicts of interest, seeking to ensure everyone the right to resolve disputes by suitable means. The legislation made it quite clear that it was also the responsibility of the judicial branch – not only via a resolution awarded by judicial decision – to afford other mechanisms for the resolution of conflicts.

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Posted by GPC Series in GPC
Notes From The Paris GPC

Notes From The Paris GPC

The Paris GPC drew a huge crowd, with approximately 300 attendees, and was jam packed with discussions from 8am until 8pm. Taking place during Paris Arbitration Week, with numerous events held across the French capital, there was a strong emphasis on arbitration alongside other ADR mechanisms. Read more

Posted by GPC Series in GPC
Chief Justice Sundaresh Menon On Mediation And The Rule Of Law

Chief Justice Sundaresh Menon On Mediation And The Rule Of Law

An analysis of why mediation should be considered as part of the rule of law was given by the Honourable Chief Justice Sundaresh Menon, Supreme Court of Singapore, to the The Law Society Mediation Forum in Singapore on 10 March 2017.

The following is a series of excerpts from a speech recently given by the Honourable Chief Justice of Singapore. It is particularly important in that it not only suggests that ADR (including mediation) should be included in the range of procedural options available to the judiciary, but it goes one step further in concluding that the inclusion of mediation in the range of procedural options given to the parties promotes the rule of law. Read more

Posted by GPC Series in GPC
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
The Geneva GPC – Does The Future Lie In Mediation?

The Geneva GPC – Does The Future Lie In Mediation?

On 29 September 2016, various stakeholders from the judicial and alternative dispute resolution (ADR) community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution” at the city’s GPC event. Read more

Posted by GPC Series 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
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
Chart Of Dispute Resolution Stages And Steps

Chart Of Dispute Resolution Stages And Steps

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by GPC Series in GPC, Introductory Guide