Continuing our 2012 Year-End Highlights, we present today our top healthcare posts: 1. Medical Mediator 2. Ethical Intelligence in Conflict Engagement 3. Conflict Management in U.S. Hospitals 4. Is ADR Effective in Healthcare? 5. Elder Healthcare Conflict Stay tuned!

We are happy to share our featured articles for 2012: Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration   Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities   The New 2012 ICC Arbitration Rules   International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective   The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes   The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit   Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust   Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS   Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration   An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements   Arbitration of environmental disputes   Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?   Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices   National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report   Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations   Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime   Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles   What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act   Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law Stay tuned for more 2012 Year-End Highlights!  

Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2012: 1. USADA Case against Lance Armstrong | USADA Adjudication Process Part IV | The Arbitration Hearing (Jul. 25, 2012) 2. USADA Case against Lance Armstrong | USADA Adjudication Process Part I | USADA ‘Results Management’ (Jul. 19, 2012) 3. USADA Case against Lance Armstrong | USADA Adjudication Process Part III | The Appointment of Arbitrators (Jul. 24, 2012) 4. USADA Case against Lance Armstrong | USADA Adjudication Process Part VI | Right to Appeal to the Court of Arbitration for Sport (CAS) (Jul. 30, 2012) 5. Rhode Island Supreme Court Okays Unauthorized Practice of Law by Non-lawyer in a Labor Arbitration (Mar. 21, 2012) 6. Armstrong v. Tygart | Austin Federal Court Dismisses Lance Armstrong Lawsuit Against USADA (Aug. 20, 2012) 7. USADA Case against Lance Armstrong | USADA Allegations (Jul. 13, 2012) 8. USADA Case against Lance Armstrong | USADA Adjudication Process Part II | The Review Board Track (Jul. 23, 2012) 9. USADA Case against Lance Armstrong | USADA’s Successful Arbitration Track Record (Aug. 1, 2012) 10. USADA Case against Lance Armstrong | What is the USADA? (Jul. 16, 2012)

  Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bumps in the road to infrastructure arbitration Brazil: Courting arbitration: specialised chamber decides first arbitration cases Brazil: Sao Paulo appellate court suspends foreign arbitration proceedings Canada: Canada’s international commercial arbitration statutes under review Canada: Choosing a dispute resolution mechanism Canada: Investor-state arbitration under new investment agreement with China Canada: Ontario courts consider jurisdiction of NAFTA tribunals Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause Cyprus: Impact of arbitral tribunal order on Cypriot court judgment Denmark: Tribunal rules on failure to pay security for counterclaim Ecuador: Arbitral tribunal rules against Ecuador Ecuador: Court prevents a disrupting strategy to derail arbitration Ecuador: State fails to comply with international arbitral award alleging human rights concerns Ecuador: Court prevents a disrupting strategy to derail arbitration France: Award annulled due to withdrawn counterclaims introduced by insolvent defendant France: Supreme Court reiterates autonomy of the international arbitral legal order France: Defining ‘arbitral awards’: Supreme Court weighs in Greece: Appeal court considers law governing objective arbitrability Greece: Formal validity of domestic arbitral award Greece: Is a fully paid award still enforceable under the New York Convention? Greece: Punitive damages awarded in arbitration refused enforcement Hungary: Interpreting new restrictions on arbitration India: Amendment of grounds in application for challenging arbitral awards India: Bilateral investment treaties: chosen pathway for dispute resolution India: Courts discourage frivolous impleadment of unnecessary parties India: Supreme Court restricts domestic court jurisdiction over foreign arbitrations International: Achieving an efficient arbitration process International: Best practices: the importance of experienced arbitration counsel Istanbul: Istanbul set to become international arbitration centre Italy: Mandatory mediation: the Italian experience, two years on Kenya: Alternative dispute resolution gains more legal recognition Kenya: Arbitration may no longer be viable as an ADR method Kenya: Aspects of arbitration proceedings Lebanon: Overview (March 2012) Lebanon: When does an arbitration agreement extend to third parties? Lithuania: Non-arbitrable public procurement disputes: on the right track? Malaysia: Court clarifies timeframe for setting aside award Malaysia: Court rules on competing arbitration clauses Malaysia: Court rules on enforcement of foreign arbitral award Malaysia: Court rules on recognition of foreign arbitral awards Malaysia: Court rules on role of foreign advocates in arbitration proceedings Mexico: Can a government agency unilaterally nullify an arbitration agreement? Netherlands: Interim measures prior to constitution of arbitral tribunal: a Dutch perspective Netherlands: Judicial review for quashing arbitral awards Netherlands: Standards of reasonableness and fairness may prevail over arbitration agreements Nigeria: Court rules on timeframe for proceedings to enforce arbitral awards Nigeria: The challenges of arbitrating in Africa: the Nigerian experience Russia: Supreme Arbitrazh Court rejects alternative (asymmetrical) arbitral clauses Spain: Court rules on action to set aside arbitral award Sweden: Supreme Court rules on doctrine of assertion Switzerland: Bankruptcy no restriction to arbitration unless it excludes bankrupt’s legal capacity Switzerland: Comprehensive translation of award not required for enforcement in Switzerland Switzerland: No two-tier judicial review of constitution of arbitral tribunal Switzerland: Supreme Court rules on Private International Law Act Switzerland: Supreme Court saves pathological arbitration clause Switzerland: Third parties and arbitration clauses in promissor/promissee contracts Turkey: Bilateral investment treaties and international arbitration Turkey: Chamber of Commerce forms working group to amend arbitration rules Turkey: Enforcement of foreign arbitral awards subject to progressive court fees Turkey: New code of obligations restricts arbitration in sales with instalment payments Ukraine: Mitigation of damages in arbitration practice: trite law or space for creativity? Ukraine: Obtaining security measures in support of arbitral awards Ukraine: Time limit for forwarding arbitral award to parties extended Ukraine: Ukraine earmarks UAH100 million for ICSID awards United Kingdom: Courts can enforce declaratory arbitral award United Kingdom: Courts can enforce declaratory arbitral award United Kingdom: Damages for breach of arbitration agreement United Kingdom: English courts may enforce award that has been set aside United Kingdom: High Court rejects challenge to English arbitral award United Kingdom: Law governing arbitration has closest connection to law of the seat United Kingdom: Mediation blues: agreement to mediate found not binding United Kingdom: War on enforcement or valid arbitration proceedings – who decides? United Kingdom: Comity prevents English courts from issuing anti-suit injunction USA: Arbitrability as a threat to finality of international arbitration awards USA: Can franchise agreement protect against class-wide and associational arbitration? USA: Court sanctions counsel for frivolous challenge to arbitration award USA: District court grants Section 1782 discovery in support of NAFTA arbitration USA: Eighth Circuit Court of Appeals applies Rent-A-Center severability rule USA: Federal appeals court clarifies arbitrator ‘evident partiality’ standard USA: Supreme Court reaffirms pro-arbitration stance