News Analysis

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 End Of Free Trade?

The End Of Free Trade?

With the fallout from the recent US election, many are feeling uneasy about the year ahead. Rising nationalism in Europe, along with a growing protectionist trend towards international trade are certainly a cause for concern. Read more

Posted by Natasha Mellersh in GPC, Opinion
Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

The European Commission (EC) has launched a new public consultation on the EU’s investment dispute resolution policy along with the options for multilateral reform, including the possible establishment of a permanent multilateral investment court.

The EC is now calling for comments on its most recent proposals, urging members of the mediation, conflict management and dispute resolution community to participate in the process. Read more

Posted by Natasha Mellersh in GPC, News
Negotiation In The Trump Era

Negotiation In The Trump Era

The recent inauguration of US President Donald Trump brings a new era of uncertainty to the international community, as many countries re-evaluate their relationships with the United States.

The role of the President as the chief negotiator of foreign policy is essential in maintaining global peace and security, and should not be taken lightly. Though he describes himself as an “expert negotiator”, the fact that Trump has caused considerable tension within his first few days in office has proven that he is in fact quite the opposite. Read more

Posted by Natasha Mellersh in GPC, Opinion

MediatorTV: Episode 4

 

This week’s episode of  the Mediator Academy‘s weekly video ‘This Week In Mediation’, presented by Professor Nadja Alexander and Aled Davies, features the German National Mediation Association, the Bundesverband Mediation – with highlights from their annual congress in Dresden and a look at new and emerging mediation models.

The conference also focused on the role of mediation in relation to very political themes such as migration and integration.One interesting initiative that is proving to be very successful involves enrolling members of the migrant community on a one and  half year mediation training programme. The episode examines why this is such a successful initiative and how they increase engagement in the mediation process.

For the final piece of mediation news the hosts travel across the pond to analyse a decision from the Appeal Court of Massachusetts which held that mediation remains confidential even if the parties have been up to all sorts of shenanigans!  All this and more coming up in the show.

Posted by GPC Series in GPC, News
Some Thoughts On CETA

Some Thoughts On CETA

High drama this week, with CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU, first blocked by the Walloons, and then rescued following some marathon diplomacy (or inconsequential fudge, depending on your perspective). Had the Walloon parliament voted against the agreement, Belgium would have been prevented from agreeing to it, thus the unanimous agreement of EU states needed to sign would have failed, and so would the ratification of the deal. Read more

Posted by Peter Boyle in GPC, Opinion
London After Brexit: Business As Usual?

London After Brexit: Business As Usual?

Reading the headlines, Brexit-ing Britain may appear a hostile place – the public, we are told, favours being told the number of foreigners being employed by companies in Britain, and academics at the London School of Economics find that they are debarred from giving their non-British opinion on Brexit, lest, one assumes, they steal bread from the mouths of native political scientists.

It would be careless, therefore, for lawyers not to ask what impact Brexit would have on the UK as a seat of arbitration. As it stands, the UK- or more specifically, London – is clearly an attractive seat for arbitration proceedings, being the home of the Chartered Institute of Arbitrators, the London Court of International Arbitration, and the London Maritime Arbitrators Association. Read more

Posted by Peter Boyle in GPC, News
Secrets of a Global Super Court – A Second Look

Secrets of a Global Super Court – A Second Look

Regardless if you see it as being catastrophic or simply weird, for many and varied reasons, 2016 looks set to be a most memorable year. For arbitration lawyers, it could be marked as the year in which investor-state arbitration became a talking point. How do we know this? Well, because 2016 was the year in which BuzzFeed – otherwise known for pop culture, listicles, and lots and lots of cats – published a four part series on investor state dispute settlement (ISDS), entitled Secrets of a Global Super Court.

Amplifying the sense of injustice suggested by the title, the article opens with an invitation to “Imagine a private, global super court that empowers corporations to bend countries to their will. Read more

Posted by GPC Series in GPC, Opinion