litigation

GPC Hong Kong – A Mandate For Change

GPC Hong Kong – A Mandate For Change

The Global Pound Conference event in Hong Kong saw over 200 delegates assemble to identify trends and cultural preferences in commercial dispute resolution. Hong Kong’s Secretary for Justice, Chief Justice and Solicitor General headlined the conference, underlining the government and judiciary’s high engagement with the initiative.

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Posted by GPC Series in ADR, Data Analysis, LOC Coverage, Mediation
E-Discovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

E-Discovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

At a recent conference in Hong Kong, attendees were asked about how to improve the dispute resolution process for all parties. Data generated from a live, technology-enabled poll of the audience led to a thought-provoking discussion on the priorities and limitations to innovation in the dispute resolution process, specifically in Hong Kong.

Panelists and attendees agreed that the region currently has a quite low-tech experience, and some of the biggest obstacles attorneys face when seeking to resolve commercial disputes are financial and time constraints. Read more

Posted by GPC Series in Arbitration, Comment, Dispute Management, Technology
Ask An Expert: Claudia Winkler

Ask An Expert: Claudia Winkler

Claudia Winkler, Negotiation Trainer and the Director of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition, discusses legal education, the future of ADR and the importance of negotiation skills in transforming the culture of dispute resolution.

What is your current role in dispute resolution?

As a negotiation trainer, mainly being called for in-house trainings in law firms, I see myself in the role of a provider. For my client-communication coaching I also take the role of an advisor and coach to lawyers.

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Posted by Natasha Mellersh in ADR, Ask An Expert, Negotiation
What Is Holding Back Mediation In India?

What Is Holding Back Mediation In India?

I shall not mince words. In 1996, the word ‘mediation’ appeared in Indian statutory law for the first time. Cut to 2017, we are still waxing eloquent as to mediation being a ‘new’ alternative dispute resolution (ADR) mechanism, and yet, it has not really picked up in India. With a narrative building up over the years, that there is not much awareness about mediation, and therefore it has not struck a chord with many Indian users. 

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Posted by GPC Series in Negotiation
Ask An Expert: Juan Antonio Ruiz

Ask An Expert: Juan Antonio Ruiz

Juan Antonio Ruiz, Partner at Cuatrecasas in Barcelona, Spain, discusses a number of significant disputes trends, including hybrid clauses, online dispute resolution and the growth of mediation. Continue reading →

Posted by Natasha Mellersh in Ask An Expert
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 Negotiation
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 LOC Coverage, Negotiation
Ask An Expert: Julian Copeman

Ask An Expert: Julian Copeman

Julian Copeman, Managing Partner of Herbert Smith Freehills’ Greater China offices, discusses dispute resolutions trends, data and the increasing role of technology in resolving disputes.

What do you hope the GPC will achieve?

The intention for Hong Kong GPC was to bring together stakeholders from across the disputes market to discuss the issues that face parties at the front line of disputes in Hong Kong, and indeed over 200 people attended on the day. We gained rich and valuable data and from that, we are hoping, will reach some real and tangible recommendations for change.  Read more

Posted by Natasha Mellersh in ADR, Ask An Expert
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 Comment, News Analysis, Opinion
An Introduction To Construction Disputes

An Introduction To Construction Disputes

Many factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by GPC Series in Construction Disputes, Introductory Guide
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