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  • We’re Back!!!!
    Well, it’s been a while since we published and that is about to change.   Since I spent much of last year becoming
  • JAMS Welcomes Karl Bayer to its Panel of Neutrals
    JAMS, the world’s largest private alternative dispute resolution (ADR) provider, is pleased to announce that Karl Bayer
  • Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
    Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Ac
  • Picking the Proper Technological Tool for Problem-Solving in Arbitration
    Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data An

Recent Posts

Conflict Specialists Show

By Holly Hayes - January 18, 2013

We recently discovered The Conflict Specialists Show videos on YouTube. Dave Hilton, M.A. hosts discussions on “dispute resolution, conflict management, mediation, conflict coaching, negotiation, leadership, psychology and other related topics” with “authors, bloggers, specialists, speakers and practitioners”. The show’s website states: Conflict Engagement Specialists is first and foremost a community for anyone interested in learning more about Mediation, Negotiation, Arbitration, Facilitation, Conflict Coaching, Psychology, Leadership, Ombudsmen and all other forms of Dispute Resolution and Conflict Management. The goal of the Conflict Specialists Show is to help people- who may only know about this industry from watching Movies or TV Shows- learn more about what “Conflict Specialists” actually do and how we can help others. It’s also an opportunity for current practitioners to learn from a diverse group of experts as they share their unique perspectives and experiences in the field.

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The Chartered Institute for Arbitrators (CIArb) Creates New Trustee Position for Europe

By Victoria VanBuren - January 17, 2013

Elections were held in autumn 2012 to appoint six CIArb Trustees, effective from 01 January 2013. The elections followed the approval of a new Bye-Law, reducing the number of Trustees for Great Britain (England, Wales, Scotland and Channel Islands) from six to five, with one new Trustee representing mainland Europe for the first time in the Institute’s history. The new Trustee for continental Europe was announced as Dr Axel Reeg MCIArb, past Chairman of the European Branch (2008-2011). Reeg is a lawyer admitted to the Bars in Germany and Spain and experienced in cross-border commercial dispute-resolution and international business law. In addition, Reeg is an author and a lecturer at the University of Heidelberg for International Commercial Arbitration. Dr Reeg sees the creation of this new trustee position as a milestone on the path towards CIArb becoming a truly global organisation. Reeg said “Continental Europe is the origin of the civil law world. When a common law based organisation like CIArb recognises the importance of civil law approaches to dispute resolution by creating a new trustee position for the continent, this will help overcome the classic common/civil law divide and may, over time, translate into a substantial increase in the importance of and membership of the Institute in other civil law jurisdictions such as Latin America, parts of Africa and Asia and countries like Japan, China, Korea and Indonesia.” This change to CIArb’s board composition reflects the 30% growth of European members in the past two years, with the number of European Branch members growing to 500. CIArb’s Irish region now covers the Republic of Ireland and Northern Ireland. Other elected Trustees are as follows: James Bridgeman FCIArb (Ireland), David Brynmor Thomas MCIArb (GB), Nayla Comair Obeid FCIArb (Middle East and Indian Sub-Continent), Malcolm Holmes FCIArb QC (Australasia), Bruce Kettle MCIArb (GB), Wendy Miles FCIArb (GB), Christopher Ojo FCIArb (Africa), Ann Ryan Robertson FCIArb (North America), Colin Wall FCIArb (Asia), and John Wright FCIArb (GB). Further details of CIArb’s board are available at www.ciarb.org/about/whos-who/board-of-trustees/ For further information, please contact: Lucy Chakaodza Communications and PR Executive E: LChakaodza@ciarb.org T: 020 7421 7488 www.ciarb.org The Chartered Institute of Arbitrators (CIArb) CIArb is the world’s leading professional membership body for arbitration and alternative dispute resolution. A not-for-profit organisation, CIArb promotes the use of alternative dispute resolution internationally through a membership of 12,500 professionally qualified members in more than 110 countries. In addition to providing education and training for arbitrators, mediators and adjudicators, CIArb acts as an international resource centre for practitioners, policy makers, academics and those in business concerned with the cost-effective and early settlement of disputes. CIArb was originally granted a Royal Charter in 1979. Significant changes to the Institute’s governing structure have resulted from the new Charter and Bye-laws granted in 2005, which reflect the need to represent the Institute’s worldwide membership. www.ciarb.org Dr Axel Reeg MCIArb In 1993, Axel Reeg established REEG RECHTSANWAELTE, a German niche law firm providing assistance for cross-border litigation and business transactions. REEG has associated offices in Kuala Lumpur and Madrid. Axel read law at the Universities of Munich, Singapore and Freiburg. He has extensive experience in dispute resolution, both as an arbitrator (primarily ICC and DIS), as counsel in international commercial arbitration and as a litigator before state courts. In addition to CIArb, Axel is a member of DIS, ASA, the CEA and the Latin American Association for Arbitration as well as of the Arbitration Committees of both the IBA and the IPBA.  

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2012 Disputing Featured Blog Posts at Mediate.com

By Victoria VanBuren - January 16, 2013

Disputing has been a mediate.com Featured Blog since 2009. We are pleased to share our Mediate.com featured blog posts of 2012: Ethical Intelligence in Conflict Engagement “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intelligence.   Nurses Addressing Conflict The Nurse Together blog has posted a four-part series on conflict in the healthcare setting. The first part looks at the sources and cost of conflict.   Lowering Malpractice Risk through Disclosure The University of Michigan Health System implemented a system to respond to patient injuries and medical malpractice claims and has “lowered its average monthly cost rates for liability, patient compensation, reserves, and non-compensation legal costs” as well as reducing “its average monthly rate of new claims from 7.03 to 4.52 claims per 100,000 patient encounters, decreased the average monthly rate of lawsuits from 2.13 to 0.75 per 100,000 patient encounters, and reduced the time between claim reporting and resolution”. Nursing Focus on Conflict Engagement The American Nurse, the official publication of the American Nurses Association, published the article The Art of Engagement: Nurses, ANA work to address conflict.   What You Need to Know About Dispute Resolution The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes.   Arbitration and Mediation Update | October 2012 The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. The article is broken into bills that passed and bills that are still pending.   Mass Procedures as a Form of ‘Regulatory Arbitration’ Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unprecedented,” a “landmark ruling” and a “quantum leap,” the jurisdictional and dissenting awards were voted the most controversial arbitration decisions of 2011 by experts in the field.   Fifth Circuit Decides on Arbitrability of Claims The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award.   Cross-border Agreements into India: The Arbitration Clause Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding the operation of Part 1 of the Indian Arbitration and Conciliation Act 1996 (the Act), which contained the provision for appointment of arbitrators, is drafted into the agreement.   Recent Developments in International Arbitration 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) Stay tuned for more 2012 Year-End Highlights!

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Book | International Commercial Arbitration: A Guide for U.S. Judges

By Victoria VanBuren - January 15, 2013

The U.S. Federal Judicial Center has just published a new monograph entitled “International Commercial Arbitration: A Guide for U.S. Judges.” The text, which was written by Professor S.I. Strong of the University of Missouri, provides readers with information on the intricacies of international commercial arbitration and the various ways that U.S. courts may become involved in the process. The book is part of the Federal Judicial Center’s International Litigation Series and helps further the Federal Judicial Center’s statutory mission of providing research and education to the U.S. federal judiciary. The text, which is broken down on a motion-by-motion basis, provides judges as well as practitioners with a useful introduction to international commercial arbitration practice in the United States. The book is available in both hard copy and electronic form, and copies can be downloaded for free from the Federal Judicial Center’s website (here).

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About Disputing

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.


About Disputing

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.

Recent Posts

We're Back!!!!
Feb 24, 2025
JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS Welcomes Karl Bayer to its Panel of Neutrals
May 28, 2024
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Nov 27, 2023

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