The long-standing event, which this year was held online due to the impact of the Covid-19 pandemic, has grown significantly since it launched 18 years ago and is an unmissable event in the international arbitration calendar, not only in Latin America, but in the US and Europe.
Read moreA Rare Occurrence: California Court Overturns Arbitrator’s Award
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions Code section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Due to this prohibition, employers in California have few options in terms of preventing post-employment competition and solicitation.
Read morePosture Away, You May Still Get Your Way
The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld the defendant’s contractual right to arbitration by concluding that no waiver of such right had occurred.
Read moreHow Simple Mediation Skills Can Bring Peace After The Election
Regardless of who you supported during the 2020 election, it’s inevitable that you’ll hear, see, or experience the increased emotionality brought about by our current political climate, especially during the holiday season.
Understanding that emotions — both good and bad — will be high, it’s important to know how to keep the peace.
Read moreVirtual Mediations – What to Expect
MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.
Read moreResolving conflict in the workplace
Conflict in life is unavoidable. It could be said that it is part of human nature.
However, conflict in the workplace can put an additional strain on what may already be a stress-filled situation. With upward of one-third of any given day spent in the workplace, it’s always beneficial to have a place of employment that you don’t dread going to each morning because of intraoffice strife – be it between a manager and an employee or between co-workers.
Read moreCAN MEDIATION MAKE DIVORCE EASIER ON CHILDREN
As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for a child. Parents tend to want what is best for their children and are apprehensive about the effects a potentially long, drawn out court battle can have on the family. One alternative to divorce that some families find success with is divorce mediation. Through mediation, you can often talk through each aspect of your divorce agreement without needing to take things to court or work with multiple lawyers.
Read morePay attention to your dispute resolution clauses
The importance of a clearly drafted dispute resolution clause should never be underestimated. It may have serious implications for how disputes arising under a contract are resolved and obligations enforced.
Each contract is different and requires a custom-made dispute resolution clause. To that end, the use of generic dispute resolution clauses “pulled from the Internet” is ill-advised.
A dispute resolution clause specifies how the parties wish their disputes arising under their contract to be resolved. It may specify one or more mechanisms for dispute resolution, including negotiation, mediation, arbitration or litigation.
Read moreVirtual Mediations Are Fairly Effective
As numerous people within the legal profession know from firsthand experience, many court conferences, depositions, and mediations have been occurring remotely because of the COVID-19 pandemic. I have attended court conferences and depositions virtually throughout my career, since clients sometimes do not wish to pay travel time for such proceedings, and courts often permitted counsel to appear by remote means before the pandemic. However, I never participated in a virtual mediation prior to the pandemic, and I was extremely skeptical that they could be effective. Nevertheless, recent experiences have shown me that virtual mediations can be fruitful in the right circumstances.
Read moreIf You Want A Right To Appeal An Arbitration Award, Build It Into Your Arbitration Agreement
Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues that they cannot try before a court given the court’s mandatory obligation to report certain matters to the proper authorities (e.g. taxing authorities). While many people seek the finality of a binding result, many others are concerned that because an arbitrator is human, she/he could make a mistake.
Read moreDisputes after Brexit - a bumpy ride?
Whether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I
Read moreThe 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.
Read moreHalted trials cause financial and emotional woe, says Bar
Chair of the Bar Council Maura McNally SC says she has been “inundated” with complaints about halted trials.
The Bar Council chair has written to High Court president Ms Justice Mary Irvine to say that access to justice under level five restrictions has proven very difficult for barristers and their clients.
Read moreForeign investors harmed by trade measures may find relief by bringing investment arbitration claims →
A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international investment agreement may submit arbitration claims that international trade regulatory and tariff measures breach the state's international obligations.
Read moreThe 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?
Read moreSix Ways to be a Better Mediation Advocate - End of a Mediation
One thing that mediators should bring to the negotiation process is persistence.
Once a settlement has been agreed in outline, for the agreement to be binding in accordance with the Mediation Agreement, it needs to be set down in writing and signed by the parties.
Frequently, at the end of a long day, parties want to leave the drafting until “tomorrow”.
Generally, it is better to keep going and complete a written agreement when everyone is present and focused on the task in hand.
Most mediations settle on the day with settlement rates at 75% and above with a further 15% of cases settling in the days and weeks following.
But what if the day ends with no deal?
Here are six things skilled mediation advocates do at the end of a mediation in the event of no settlement.
Read moreSCOTX to Hear Reinstated Petition in Oil & Gas Arbitration Dispute
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute. The facts of the case were discussed in a previous Disputing blog post:
Read moreNY shuts down civil, criminal jury trials
All civil and criminal jury trials across New York are postponed indefinitely as the COVID-19 pandemic surges across the nation, with increasing cases by the day statewide.
New jury trials and the summoning of new trial jurors are halted until further notice, state Chief Judge Janet DiFiore said Monday.
Read moreRoom for Opportunities – The Power of #Networked
I recently came across a meme that said, “Surround yourself with women who would mention your name in a room full of opportunities.” The quote (which was not attributed to anyone) struck me, because without hesitation I pictured a beautifully decorated banquet hall, overflowing with food and drink, and filled with the group of fifty women lawyers that have supported me throughout the pandemic.
Read moreMediation myths debunked
Mediation is something that has been used more frequently by lawyers as a means of resolving disputes without needing to enter the courtroom. There remains an impression of litigation as an area of law that is inherently adversarial, centred around a duel over right and wrong with your legal opponent on the courtroom battlefield. However, the reality is that most commercial litigation disputes are far more emotionally charged and complex than people think, and a gentler touch may yield better results.
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