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Recent Developments in International Arbitration | Feb. 2012
By Victoria VanBuren - February 16, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Brazil: Courting arbitration: specialised chamber decides first arbitration cases Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause Greece: Appeal court considers law governing objective arbitrability Kenya: Aspects of arbitrat
Article | International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective
By Victoria VanBuren - February 10, 2012
Professor S.I. Strong (contributor of this blog) has published recently yet another interesting article, “International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective.” The article appears in 22 Duke Journal of Comparative & International Law 47 (2011). Here is the abstract: Although the Republic of Colombia is one of Latin America’ economic powerhouses, with a free
Article | The New 2012 ICC Arbitration Rules
By Victoria VanBuren - February 8, 2012
As discussed here, the International Chamber of Commerce (“ICC”) revised Arbitration Rules became effective on January 1, 2012. ( The new Rules may be downloaded here.) McDermott Will & Emery attorneys B. Ted Howes and Stefano Mechelli provide an overview of the new Rules: The most important improvement to the efficiency of the ICC Arbitration Rules is the new, mandatory case management conference provision (new Article 24), which
Article | Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities
By Victoria VanBuren - February 2, 2012
We recently came across an interesting article published at Lexology. The piece, written by Mayer Brown, LLP partner William H. Knull, III, is entitled “Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities.” Here is an excerpt: Arbitrating with sovereigns involves all of the issues inherent in proceedings between private entities plus a variety of specialized concerns. This article lists 10 of the most
Article | Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration
By Victoria VanBuren - January 31, 2012
Our blog contributor professor S.I.Strong has just published the article “Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration.” The piece compares the benefits of large-scale litigation and large-scale arbitration in the cross-border context, and considers whether there is a role that the Permanent Court of Arbitration can play in resolving mass disputes of this type. Here is the abstrac
Transformative Mediation: A Sourcebook
By Victoria VanBuren - December 8, 2011
We recently came across Transformative Mediation: A Sourcebook – Resources for Conflict Intervention Practitioners and Programs published by the Institute for the Study of Conflict Transformation. The Sourcebook summarizes the principles and practices upon which transformative mediation is based, and offers helpful examples of the application of transformative mediation in widely varying contexts including family and elder conflicts, workplace di
Article: The Path Toward A Federal Mediation Privilege
By Victoria VanBuren - November 9, 2011
We came recently came across “The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency for a Mediation Privilege in Federal Courts,” written by Joseph Lipps and published by the American Journal of Mediation. Here is an excerpt: In commencing a mediation, the mediator provides an opening statement promising confidentiality. This promise however is wrought with a complex legal analysis where federal courts
DRI Today | Arbitration in Class Actions
By Victoria VanBuren - November 3, 2011
In the wake of AT&T v. Concepcion, James D. Smith of the DRI Blog has published the following timely commentary about class arbitration: Plaintiffs’ Efforts To Use Discovery To Circumvent Concepcion And Class Waivers In Arbitration (Oct. 5, 2011) Enforcement and Rejection of Class Action Waivers in Arbitration Provisions Since Concepcion (Sept. 26, 2011) Reviving Arbitrations In Class Actions (Sept. 13, 2011) Technorati Tags: law, ADR, arbitr
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
ABA Journal Article | Bringing Mediation to Pakistan
By Victoria VanBuren - October 10, 2011
The October 2011 issue of the ABA Journal Magazine features an interesting article about the IFC ‘s Alternative Dispute Resolution project in Pakistan. In 2005, a pilot commercial mediation center was opened in Karachi. This center is expected to serve as the model for conflict mediation in Pakistan and throughout the entire Middle East and North Africa Region. Here is an excerpt: Backlogged courts, litigation-happy parties and risk-averse
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