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International arbitration

IBA Seeks Comments on Proposed Guidelines for Drafting International Arbitration Clauses

By Victoria VanBuren - April 16, 2010
The International Bar Association (IBA) recently published in draft form its IBA Guidelines for Drafting International Arbitration Clauses. (available here) The Task Force is seeking comments on the proposed new Guidelines. Comments should be sent via email before June 1, 2010 to the IBA at divisions@int-bar.org. (read more here ) On a related note, an IBA arbitration subcommittee has developed a new version of the 1999 IBA Rules on the Taking of

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Symposium | Arbitrators and National Courts: Conflict and Cooperation | Houston, May 13-14

By Victoria VanBuren - April 8, 2010
The University of Texas, along with the Permanent Court of Arbitration and the Houston International Arbitration Club, will be sponsoring a symposium in Houston on May 13-14 on the subject, “Arbitrators and National Courts: Conflict and Cooperation.” The program will cover issues concerning the relationship between arbitrators and courts—such as the determination of arbitral jurisdiction, injunctions in favor of (or against) arb

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ABA Journal Article: International Arbitration Loses Its Grip ?

By Victoria VanBuren - April 7, 2010
The April 2010 edition of the ABA Journal features: “International Arbitration Loses Its Grip” by Steven Seidenberg. The article argues that international arbitration is starting to become as expensive and time consuming as litigation in U.S. Courts. Here is an excerpt: Arbitration was supposed to be the solution for international companies seeking to resolve disputes without expensive and drawn-out court battles. But it is starting t

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International Arbitration: ICC Releases Arbitrators’ Award Checklist

By Victoria VanBuren - March 31, 2010
The International Chamber of Commerce (ICC) released recently a new checklist to guide arbitrators writing awards. Here is the press release: New aid for drafting awards in ICC cases February 2010 As part of its ongoing drive to improve efficiency, the ICC International Court of Arbitration has issued a checklist for drafting ICC arbitral awards. The two-page document may be a helpful memory jog for ICC arbitrators when preparing their awards for

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International Mediation Law Review Article | Transatlantic Perspectives on Alternative Dispute Resolution: Teaching Comparative Perspectives in Mediation

By Victoria VanBuren - March 9, 2010
We came across an interesting article from the landmark symposium Transatlantic Perspectives on Alternative Dispute Resolution. The piece is entitled Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections, 81 St. John’s L. Rev. 259 (2007) and was written by professor Jacqueline Nolan-Haley (pictured right). Here is an excerpt: Introduction Mediation is no longer the stepchild of international dispute resolution practic

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LinkedIn Post | International Commercial Mediation: only lip service?

By Victoria VanBuren - February 22, 2010
Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group. I just received and read the 2009 statistical report of the Arbitration Institute of the Stockholm Chamber of Commerce, an institution that ranks among the best in the world according to several surveys. http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf As you will see,

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The Corporate Counsel International Arbitration Group Works to Reform International Arbitration Process

By Victoria VanBuren - February 16, 2010
The following excerpt is from David Hechler, published by Corporate Counsel: The global recession has led to a spike in cross-border commercial disputes, which in turn has led to a rise in international arbitration. But even as more companies turn to arbitration, many in-house lawyers complain that the process, at its worst, can be as costly and time-consuming as litigation. Now an advocacy organization called the Corporate Counsel International

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Ten Hallmarks of Effective International Arbitration Agreements

By Victoria VanBuren - February 9, 2010
We came across this Mayer Brown LLP article identifying ten characteristics of an enforceable dispute resolution clause. Ten Hallmarks of Effective International Arbitration Agreements By William H. Knull Article – International Arbitration, Litigation & Dispute Resolution, Americas, Asia, Europe 19 January 2010 International arbitration can provide the security of a neutral forum and a framework of enforcement treaties that is far supe

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International: More on Hong Kong’s New Mediation Procedure

By Victoria VanBuren - February 3, 2010
To follow up on our earlier post, here are more details about Hong Kong’s mediation initiative: Mediation in Hong Kong December 10, 2009 By Alfred Ip, Partner at OLN and CEDR Accredited Mediator From 1st January 2010, the court will require parties to civil proceedings to consider using mediation as an alternate means to settle their dispute. The court will require the parties to justify their decision in case they refuse to attempt mediati

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Internacional: España Inicia Programa de Mediación

By Victoria VanBuren - January 27, 2010
Jose Antonio Garcia Alvaro, de Arbitraje y Mediación (ARyMe) reporta lo siguiente: Cataluña se adelantó –y sigue siendo objetivamente la Comunidad más avanzada y atrevida en materia de mediación de España—, pero Valladolid le sigue la pista en materia de mediación civil, si bien a nivel de proyecto inicial piloto de mediación civil adscrito inicialmente a dos juzgados. Así, Valladolid ha obtenido el visto bueno del Consejo General del Poder Judic

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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