Reflections on Remote Mediation

The lockdown has represented something of mixed blessing to proponents of mediation.

The lockdown has represented something of mixed blessing to proponents of mediation. On the one hand, stasis in the court system has presented an opportunity for all remote forms of ADR. On the other hand, the prospect of getting to grips with the technology was a pretty daunting one for those of us who struggled even to turn on a microphone at the beginning of last year! Ten months down the line, as we find ourselves back in lockdown, this seems a good point at which to reflect on the experience of conducting remote family mediations.

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The 2021 ICC Arbitration Rules further improve the efficiency, flexibility and transparency of the arbitral process

The ICC is updating its 2017 Arbitration Rules, which will take effect on 1 January 2021 and will apply to cases registered as of that date (the “2021 Rules”).

The coronavirus pandemic and repeated lockdowns around the world have transformed the way international arbitrations are conducted today. The new changes to the ICC Arbitration Rules reflect those realities and, as noted by Alexis Mourre (the President of the ICC Court), further streamline the arbitration process to make it more efficient, flexible and transparent, for both large and small cases.

While the changes are generally limited in scope, they reflect the ICC’s desire to ensure that the ICC rules respond to the ever-changing business environment and meet the challenges of current times.

The key modifications are discussed below.

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The future is now: what arbitration will look like after the pandemic

The Covid-19 pandemic has forced disputes lawyers to change their ways. But how effectively are arbitrations being conducted now, and what lessons can be learned to help international arbitration develop in the future, after the pandemic is over?

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http://www.lastbarrier.com/conflict-management/

It has become increasingly apparent that mental health is becoming a bigger player in the story of our working lives. After decades in a purely non-speaking part – one of those characters who move their lips in the background and form part of the ‘rent a crowd’ – workplace mental health is finally being given the chance to be heard and influence the plot.

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Newly Revised ICC Arbitration Rules

On October 6, 2020, the Executive Board of the International Chamber of Commerce (ICC) approved the revised ICC Rules of Arbitration (the “2021 ICC Rules”), which will replace the ICC Rules issued in March 2017. The 2021 ICC Rules will enter into force on January 1, 2021 and will define and regulate the management of cases submitted to the ICC International Court of Arbitration (the “ICC Court”) from that date. The 2017 ICC Rules will continue to apply for all cases registered with the ICC Court before January 1, 2021.

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Arbitration by Videoconference: Not as Scary as You Think

I have heard from many lawyers who have reluctantly adapted to virtual mediations that even though Zoom and other platforms work well for mediations, they do not work so well for arbitrations. These lawyers have asked that I postpone their arbitrations until the pandemic is over and we can arbitrate in person. My response is always the same: Tell me the date when the pandemic will be over, and we will arbitrate then. Of course, no one knows when that will be, and cases cannot sit idle forever. Slowly, and with a push from arbitrators, most lawyers have come to the realization that there is currently no alternative to arbitration by videoconference.

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