international

The Singapore Mediation Convention: An Overview

The Singapore Mediation Convention: An Overview

At the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on 25 June 2018, the final drafts for a Convention on the Enforcement of Mediation Settlements and the corresponding Model Law were approved. The drafts are now being referred to the Commission for adoption later this year. This is a huge step in encouraging the use of mediation on an international level, presenting it as a viable alternative to arbitration and litigation for certain disputes.

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Posted by Ruxandra Gheorghe 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
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
Effective Negotiation – Be Prepared

Effective Negotiation – Be Prepared

The lesson of rigorous preparation has been taught throughout history.

In the 5th Century BC, Sun Tzu, in The Art of War, denounced lack of preparation as the most heinous of crimes, and celebrated good preparation as the greatest of virtues. In the 1st Century, Seneca defined luck as something that happens when preparation meets opportunity. Michelangelo grumbled that if people knew how hard he had to prepare to gain his mastery, it would not seem so wonderful at all. In Henry V, Act 4, Scene 3, Shakespeare has the King giving the most famous pep talk in history to his overwhelmed army as they prepared for the unlikely English victory at Agincourt in 1415, explaining that “all things are ready if our minds be so”.

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Posted by GPC Series in GPC
In Conversation With Michael McIlwrath

In Conversation With Michael McIlwrath

Michael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas, speaks to the Singapore International Dispute Resolution Academy about global trends, key challenges, and the future of dispute resolution.

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Posted by GPC Series in Ask An Expert, GPC
Evaluating Arbitrators: You Be The Judge

Evaluating Arbitrators: You Be The Judge

In 2007/8, I set up a now long-since defunct website (disputesloop.com) with the lofty aim of introducing some transparency into the appointment process of ADR neutrals. At its core, the site offered a battery of neutrals’ CVs supplemented with free-form written feedback from users. Read more

Posted by GPC Series in GPC, Introductory Guide
Ask An Expert: Diego Gosis

Ask An Expert: Diego Gosis

Diego Gosis, an Arbitrator and a Florida Foreign Legal Consultant at GST LLP in Miami, speaks about the digitalisation of dispute resolution and the benefits of increased cultural diversity in the field. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Matching Arbitrators To Party Expectations

Matching Arbitrators To Party Expectations

Reacting to a discussion at Vienna Arbitration Days 2016, Lucy Greenwood, Michael McIlwrath and I published an article ‘Puppies or Kittens – How To Better Match Arbitrators to Party Expectations’ calling for better-informed choices in appointing arbitrators.

We analysed the arbitrator selection process, and proposed that the lack of available information on arbitrator’s soft skills and procedural preferences often leaves parties disappointed.

In appointing an arbitrator a party seeks to identify an individual with an approach to procedural issues, case management and handling of evidence and settlement which aligns with the party’s views. While this information is crucial for the arbitrator selection, parties have only traces of knowledge about it. In fact, obtaining this information can be the single most difficult challenge when identifying potential arbitrators. Read more

Posted by GPC Series in GPC, News
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
Dawn Of Technology In Dispute Resolution

Dawn Of Technology In Dispute Resolution

The growth of online shopping, online financial trading, online banking to online tuition, emphasises our growing dependence on technology and online communication. Technology has changed almost all areas of human existence, and dispute resolution is no exception. The internet and the use of computers are now an integral part of our lives.

We live in an inescapable world of technology; this extends to law practice in the form of online dispute resolution (ODR). ODR is the use of information and communication technologies to assist parties to manage, transform and resolve their differences/conflicts. ODR is, of course, a broad field with many facets, based on technology supported third party intervention efforts aimed at dispute resolution, peace-building or conflict management. Read more

Posted by GPC Series in GPC, News