parties

Investor-State Mediation: Not Whether, Or Even When, But How

Investor-State Mediation: Not Whether, Or Even When, But How

It has long been suggested that public bodies are antagonistic to negotiating settlements with private investors. The supposed, underlying rationale is that government officials are reluctant to be seen as compromising the interests of the state, meaning that negotiating is unacceptable. The recently published International Mediation Institute Investor-State Mediation Criteria challenge that assumption.

There is a kernel of truth to every generality. State representatives are indeed appropriately sensitive to the political realities surrounding negotiation and settlement. However, truth be told, states the world over are, in fact, readily entering into negotiated settlements for differences and disputes with investors. Moreover, negotiated settlements are being reached not only for little disputes but also for very large ones. Read more

Posted by GPC Series in GPC, News
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
Ask An Expert: Andi Daze

Ask An Expert: Andi Daze

Andi Daze, Partner at D & D Partners in Lagos, Nigeria – where he was also instrumental in organising the Lagos GPC event. Here, he discusses the importance of data gathering in dispute resolution, his motivations and his experience as an organiser.

Would you primarily describe yourself as an advisor, user or provider of dispute resolution?

As an attorney, I would categorise myself as an advisor under the GPC’s stakeholder groups. Having trained and qualified as a lawyer in Nigeria, New York, as well as in England and Wales, I have been involved in both contentious and non-contentious legal practice across all three jurisdictions. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Are hostile mediators more effective?

Are hostile mediators more effective?

New research by Francesca Gino and Ting Zhang of Columbia Business School, along with Mike Norton of Harvard Business School, suggests that the most effective mediation style might be being partial against both parties.

The academics suggest that, contrary to the received wisdom that mediators should be neutral, attentive and empathetic, an actively hostile mediator is more likely to get a good result. They discovered that a mediator’s antagonistic and hostile treatment of both parties causes adversaries to unite against the mediator, which in turn increases the parties’ willingness and propensity to reach agreement. Read more

Posted by GPC Series in GPC, Introductory Guide
Ask An Expert: Paul Key QC

Ask An Expert: Paul Key QC

New Zealand born Paul Key QC, an international arbitration specialist at Essex Court Chambers in London, discusses innovation, challenges and new trends in dispute resolution.

 What is your role in dispute resolution?

I am a barrister based in London. I work as an advocate and as an arbitrator in international commercial arbitrations and investment treaty arbitrations. I also do court work, largely (though not exclusively) related to arbitral disputes.

The disputes in which I am involved usually have some high-value and cross-border commercial aspect to them. My clients are typically large commercial entities, states and very high net-worth individuals. Like most people who do this work, my work as an advocate involves work for both claimants and respondents. The arbitrations in which I am involved take place in various places around the world (e.g. New York, Geneva, Singapore, Vienna and Sydney) and my work involves frequent travel. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
When arbitration is used and why

When arbitration is used and why

In almost all instances, arbitration must be contemplated at the contract drafting stage. Parties may, of course, agree to take a dispute to arbitration at any stage, but once a dispute has broken out, positions become polarised, and agreement is accordingly less likely.

The reasons for preferring arbitration clauses to the more usual reference to the courts – in a commercial context – boil down to the so-called “three Es”: expedition, expertise and enforcement. Read more

Posted by GPC Series in GPC, Introductory Guide
‘Linking Your Thinking’ To Satisfy Your Clients

‘Linking Your Thinking’ To Satisfy Your Clients

Do you want to make sure that your commercial clients are happy with the dispute resolution services you are providing? Are you committed to tailoring your business to meet their needs? Irrespective of whether your clients are ‘dispute-savvy’ or still finding their way into the world of commercial dispute resolution, there are things that you can do to make sure you meet their expectations.

The Global Pound Conference is travelling around the world asking commercial users, judges, mediators, lawyers, academics and government officials to share everything they know about the best ways to meet the expectations of commercial clients. After analysing the feedback from the first 350 respondents, we have identified three steps that can help you meet the expectations of your commercial clients. Read more

Posted by GPC Series in GPC, News
3 Signs That You (Or Your Clients) Are Dispute-Savvy

3 Signs That You (Or Your Clients) Are Dispute-Savvy

Whether you are a dispute resolution practitioner or a commercial operator, you know that some manage to navigate the commercial dispute resolution world more effectively than others. What distinguishes those who thrive from those who barely survive?

The answer may be simpler than you think, but the implications of understanding this could have a big impact on the way you approach commercial disputes. Read more

Posted by GPC Series in GPC, News
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