Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration.
Read moreAustralian media firms squeeze more from Google as new law looms
Australia claimed an early win in a protracted licencing battle with Google on Wednesday as media companies lined up to announce content deals with the internet giant that were reportedly far more lucrative than their global rivals.
A month after the Alphabet Inc-owned company threatened to shut down its search engine in Australia to avoid what it called “unworkable” content laws, the country’s two largest free-to-air television broadcasters have struck deals collectively worth A$60 million ($47 million) a year, according to media reports.
Read moreICC Launches Revised Arbitration Rules for 2021
Key Points:
To increase transparency, parties must disclose “the existence and identity” of third-party funders.
To increase efficiency, arbitral tribunals may decide to conduct hearings remotely, irrespective of any objections from the parties.
New provisions allow the joinder of additional parties and the consolidation of multi-party or multi- contract arbitrations.
International Mediation: Next Practice
In 2020, as the covid-19 pandemic brings the world to a near-standstill, the moving imagery of the tightrope-walker is more compelling than ever. Caught in this ongoing moment of uncertainty, we are being asked to reimagine many things – how we work, how we socialise, how we travel, and how we live as family units. We are also being asked to reimagine how we manage conflict – from the kitchen table to the boardroom table.
Read moreLegal Problems between Business Partners Can be Resolved with Mediation Tools in Costa Rica
The two types of companies most used in Costa Rica are the Public Limited Companyand the Limited Liability Company. In the first, the owners are known as shareholders and in the second, as partners.
These people or companies become partners in two ways: either from the incorporation of the company, where each one agrees to contribute capital in the new company (or it can also be through assets or contributions in kind); Or, they can acquire the category of partners in a company that is already going on because they bought shares or quotas.
Read moreADR Solutions for a World Reordered By Pandemic - Remote Is Closer Than You Think
The clearest lesson of the pandemic is that we are all connected. Supply chains and the movement of goods and people by air, land and water mean we are all part of a huge interactive web.
Now, businesses around the world are trying to combat the multiple impacts of covid-19, economic peril and, in the USA, racial injustice. Just as the challenges and new issues mount, the courts have had to cope with slowdowns and lockdowns. In an astoundingly quick transition, ADR providers and neutrals have shifted focus to providing dispute resolution services remotely online. They have issued protocols and set up processes, and many online mediations and arbitrations have already been conducted to a positive reception by many prior sceptics. Delay and backlog do not have to hamper an economic recovery that depends in part on cost-effective and efficient dispute resolution taking place now. We knew that businesses with cross-border disputes would require better and less expensive ways to address both routine and bet-the-company disputes, but the need is not yet being fully met. Help is at hand. An arb-med-arb process resulting in a consent award is a solution to an expressed need and it can happen right now (even remotely) before the long process of approval wends its way to completion for the UN Convention on International Settlement Agreements resulting from Mediation (Singapore Convention).
Read moreInternational Court of Arbitration opens case management office in Abu Dhabi
The International Court of Arbitration of the International Chamber of Commerce (ICC Court) is opening a case management office for the ICC Court Secretariat located in the Abu Dhabi Global Market (ADGM).
Read moreWinnipeg firefighters seek binding arbitration
The union representing Winnipeg firefighters wants its next collective agreement to be set through binding arbitration, which some fear may not spark the best deal for the city and its taxpayers.
Alex Forrest, president of the United Fire Fighters of Winnipeg, confirmed the request was made to the Manitoba government. He declined further comment Monday, noting labour talks are already underway.
Read moreSettling international disputes - new global rules help parties enforce agreed terms
With all the difficulties caused by the pandemic, many parties are choosing to settle their disputes rather than take them all the way to a trial or final hearing. But how can they be sure that settlement terms will be honoured, once they have been agreed? Fortunately, the Singapore Mediation Convention has recently come into force, establishing a global set of rules that parties can rely on if enforcement is an issue. It only covers settlement achieved through mediation, and for the moment applies only to three countries (Fiji, Qatar and Singapore), but as more countries join it will prove a useful tool for resolving a wide range of international disputes. It should also encourage the use of formal mediation procedures in countries where they are not currently the norm.
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