Sudan to ink 'final' peace deal with rebels on Oct 2 – chief mediator

The "final signing" of a peace agreement between Sudan's government and rebel groups is set for October 2 in the South Sudanese capital Juba, the talks' chief mediator announced Sunday.

"The second of October is the date for the final signing of the peace agreement between the government and the 'parties to the peace process'," Tut Gatluak, head of the mediation team and South Sudan's presidential adviser on security affairs wrote on Twitter.

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Mediation will reduce backlog of court cases – Kagame

The committee of this alternative dispute resolution system is chaired by former Chief Justice, Prof. Sam Rugege.

“We wish that Rwandans further embrace the use of this approach of resolving disputes and conflicts through mediation. This will reduce the backlogs of cases as well as new cases filed in courts,“ Kagame said.

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BAR REPORT - Capitol Report

Brian Delaney was a businessman who frequently retained lawyers to assist him in multi-million-dollar business transactions. He retained Sills Cummis to represent him in two lawsuits and signed a three-page retainer agreement in connection with those matters. The agreement contained an arbitration clause just above the signature line referencing the rules of JAMS arbitration—a 32-page document that was not included within the agreement—as dictating the terms of arbitration.

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Quotient Limited and Ortho Clinical Diagnostics Settle Arbitration and Sign Binding Letter of Intent Covering Patient Transfusion Diagnostics

JERSEY, Channel Islands, Sept. 08, 2020 (GLOBE NEWSWIRE) -- Quotient Limited (NASDAQ:QTNT), headquartered in Eysins, Switzerland, today announced that the Company and Ortho Clinical Diagnostics (Ortho) have signed a binding letter of intent that confirms the termination of their former distribution agreement and related contracts and resolves all their disputes over the former distribution agreement. In addition, this ends the pending arbitration between the two companies and establishes a new distributor relationship focused solely on patient transfusion diagnostics.

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There are good reasons for going down the arbitration route – Fiona Sasan

Perhaps now more than at any other time is the beginning of the era of Arbitration in family matters. It is anticipated that the Scottish government will shortly legislate for legal aid to be available for alternative dispute resolution such as arbitration in certain child disputes, recognising that this is a credible process for the changed world we are all now living in

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Court mediation over dross begins today

Answers may be found as to who is responsible for the ouvea premix stored in Mataura and whether it should ever have been taken from its original site, at mediation which starts today.

Who has responsibility for the substance stored in the old Mataura paper mill will be discussed at an Environment Court mediation after the Environmental Defence Society (EDS) filed declaration proceedings against New Zealand Aluminium Smelters (NZAS).

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African Petroleum arbitration: who will foot legal bill of Banjul Omnia Strategy, Lucas Bastin and Edi M.O. Faal?

Valentina Ruiz Leotaud | April 26, 2020 | 12:55 pm Europe  Gold  

The United Nations Commission on International Trade Law (UNCITRAL) ruled against Canadian company Edgewater Exploration (TSX-V: EDW) in its long-standing legal battle with Spain related to the Corcoesto gold project in the northwestern region of Galicia.

This week, UNCITRAL dismissed Edgewater’s pretensions to recover the $35 million it had invested in Corcoesto prior to the project being denied permission by the Galicia Regional Government, known as Xunta. 

“The company’s wholly-owned subsidiary, Corcoesto S.A. had commenced arbitration in 2016 under the Spain-Panama bilateral investment treaty and the UNCITRAL Arbitration Rules (1976). Following a hearing in Paris, France during April 2018, the Tribunal rejected, unanimously, four jurisdictional objections by Spain but upheld, by majority in a 2 to 1 decision, one jurisdictional objection by Spain and dismissed the claim on that basis. The dissenting arbitrator opined that the majority’s decision erred in both law and fact and that the Tribunal did have jurisdiction and should have decided the merits of the claim,” the Vancouver-based miner said in a media statement.

Edgewater added that the recent dismissal of the entire claim is a disappointment and that the company and its subsidiary are “considering avenues for legal redress, including an annulment proceeding in the French courts.” 

This is how it all started

After purchasing the Corcoesto project in 2010 and having its environmental impact declaration approved by the Xunta in 2012, Edgewater completed a series of drilling programs, and technical studies designed to advance the project, upgrade and expand the mineral resources, and evaluate the economics.

GOLD AT CORCOESTO WAS FIRST EXPLOITED BY THE ROMANS. IN THE LAST DECADES, SAGASTA GOLD, AURIFERA GALLEGA, RIO TINTO MINERA, RIO NARCEA GOLD MINES AND KINBAURI GOLD HAVE BEEN ACTIVE IN THE AREA

The plan forecasted a 9.9-year mine life and a total output of a little over 1 million ounces of gold. The heap-leach, open-pit operation would use cyanide to extract the yellow metal, something that caused alarm among environmentalist groups.

According to the EID, the operation’s annual waste production would be 2.1 million tonnes, of which 2 million tonnes would be floatation waste and 100,000 tonnes would be leaching. The estimated total of waste production was to be 17,080,751 tonnes during the mine’s working life.

Following the approval of the proposal, the Xunta went back on its decision and said it would not green-light the mining project unless the Canadian company fulfilled a number of environmental, technical and financial requirements not contemplated in its plan.

A legal battle ensued. In 2015, the Galicia government announced that the mining concession had expired and it would not be reopening the adjudication process, something that Edgewater considered illegal and a violation of international law. 

Later on, the Galician Superior Tribunal of Justice ruled that the mine could not go forward because the project lacked financial and technical solvency, a decision that was backed by Spain’s Supreme Tribunal in 2019. 

The latter decision was the one that led Edgewater to seek arbitration from UNCITRAL. 

Arbitrary arbitration: Enforcing global awards is getting more complicated

For a country that wants to be a global arbitration hub, and which wants to raise its ranking on the contract-enforcement index, the news just keeps getting worse. Some weeks ago, the Supreme Court (SC) asked Devas Multimedia if it was willing to consider waiving off the interest component on the money owed to it—it won a $672 million global arbitration award—by the government space agency ISRO’s arm, Antrix Corporation. 

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Conservative justices embrace delegation to arbitration panels while questioning administrative process

1984 was a dramatic year for literature and law. George Orwell’s classic novel came of age, with its four Ministries of Peace, Love, Plenty, and Truth that brilliantly described their opposites. Less observed that year—except by administrative lawyers—was the U.S. Supreme Court’s decision in Chevron v. Natural Resources Defense Council, the case that was to recalibrate judicial review of agency decisions. Also decided that same year was Southland Corp. v. Keating, a case preempting state arbitration laws that even administrative lawyers may have ignored.

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FMCS says early investments in virtual mediation paying off during pandemic

“Obviously like a lot of other agencies and organizations, what we had to do in the national emergency condition was move our entire workforce to the virtual state,” Flax said. “But because we had a decent background in it, it’s actually been going pretty well.”

Today, all 150 federal mediators are connected and conducting virtual mediation using at least one video conference platform, Flax said.

The service recently hit a new milestone: Mediators have conducted more than 1 million minutes of online meetings using their main video platform within 30 days.

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Pete Alonso’s next big challenge toward Mets greatness

Already, there are hints that Alonso can take the baton from David Wright and become the next Mets captain. It might behoove the Mets to follow the course they took with Wright early in his career and after this season (if one is played) and buy out Alonso’s arbitration eligibility, extending his contract through the first two or three years he would receive on a free-agent deal.

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Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement To Allow For Collective Claims

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal appeals court in New Orleans has ruled.  Sun Coast Resources Inc. v. Roy Conrad, No. 19-20058 (5th Cir. Apr. 16, 2020). This decision highlights the critical need for employers to ensure careful drafting of arbitration agreements.

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