disputes

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 ADR, Arbitration, Mediation
The Global Pound Conference = A Global Workshop

The Global Pound Conference = A Global Workshop

I spent the past year helping organise the Florence GPC, which took place on 9 June 2017. The experience has been inspiring and even thrilling. Above all, it has changed how I think about dispute resolution.

In order to engage different stakeholders, I often found myself explain what the GPC is, what it aims to accomplish, and how it is going about its mission.  Local institutions, speakers, chairs, potential sponsors, mediators and all the people which I have spoken to have been fascinated by the initiative, but often requiring at least 20 minutes of explanation.

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Posted by GPC Series in Introductory Guide, Mediation
The Ingenious Judge – A Children’s Book

The Ingenious Judge – A Children’s Book

Judge Luciana Breggia, President of the second section of the Tribunal of Florence, offers an insight into her illustrated book ‘Il Giudice alla Rovescia (The Ingenious Judge)’ which seeks to teach children about the foundations of justice, as well as essential skills in resolving conflict.

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Posted by Natasha Mellersh in Access To Justice, ADR, Education
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 Access To Justice
An Education In Negotiation

An Education In Negotiation

Business schools (though, sadly, few law schools) teach negotiation skills and techniques, but more often as an elective than as a core subject. Most people emerge from business schools and law schools as instinctive positional bargainers expressing themselves in the form of wants and demands rather than needs and interests. They tend to be touchy about negotiation. Tunnel vision and a gladiatorial approach can block their ability to explore wider prospects and better opportunities. Read more

Posted by GPC Series in Negotiation
Asia, Arbitration And Third Party Funding

Asia, Arbitration And Third Party Funding

Historically, third party funding has been prohibited in many Asian jurisdictions, including the busy litigation markets of Hong Kong and Singapore. However, recent changes to regulations on third party funding in both jurisdictions are likely to be a further boost to the region, which has already become popular destination for arbitration – overtaking many traditional competitors. Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration
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 Introductory Guide
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.

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Posted by Natasha Mellersh in Arbitration, Ask An Expert
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 Introductory Guide