Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Amid mounting costs, claims from various subcontractors and suppliers boiling to the surface, and the threat of liquidated damages or even termination of the project, the contractor proceeds without receiving any relief from the owner. Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. The contractor says it has incurred significant costs to perform the work and feels it is essentially funding the owner’s changes to the project. The owner, however, says the disputed issues are the contractor’s, not the owner’s risk. Accordingly, without a dispute resolution mechanism in place to resolve these disputes in real time, the costs continue to mount, and the prospect of a lengthy, expensive, and protracted arbitration or litigation looms.
Read moreThe Role of Arbitral Institutions in Cybersecurity and Data Protection in International Arbitration
Cybersecurity and data protection have been dominating conversations in the international arbitration community in recent years. From an analysis of how the stakeholders may be best equipped to address cybersecurity risks, to considerations on maintaining confidentiality in international commercial arbitration, as well as calls to address the impact of the General Data Protection Regulation (“GDPR”) on virtual arbitration proceedings, much scrutiny has been afforded to these issues. Discussions on this topic have been further enhanced following the release of the IBA Cybersecurity Guidelines (the “IBA Guidelines”), the ICC-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration, the latest being the 2020 Edition (the “Cybersecurity Protocol”), as well as the public consultation draft of the ICCA-IBA Roadmap to Data Protection in International Arbitration. The author opines that cybersecurity and data protection go hand in hand as both involve the receipt, usage, processing, transmission, and preservation of data in any given setting. The ongoing COVID-19 pandemic has further heightened the importance of these issues since more proceedings with high value and business-sensitive information are being conducted wholly online, are frequently held in different jurisdictions, and often involve unencrypted digital exchanges.
Read moreDOJ Issues New Guidance On Its Use Of Arbitration
Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil enforcement matters. This guidance stemmed from a closely watched challenge to aluminum giant Novelis Inc.’s planned acquisition of Ohio aluminum company Aleris Corp. last year.
Read moreGetting to grips with online mediation
It is eight months since I first blogged about the impact that COVID-19 was having on dispute resolution in England in a piece aptly called, Adjudicating in the shadow of coronavirus. (I don’t know why, but that title always makes me think of Gabriel Garcia Marquez’s book, Love in the time of cholera. I’ve no idea why, other than the lyrical way the title sounds. Certainly, the stories are worlds apart… but I digress…)
That blog was written at the start of the first national lockdown and I followed it a few weeks later with a piece about the lessons I’d learnt in those first few weeks. By the time Jonathan came to write his October post, A few lessons I have learned from resolving disputes during the pandemic, I’d say we had become “old hands” at this on-line stuff.
Read moreTips for promoting a more civil workplace
2020 has been a year of unprecedented challenges for everyone, including employers. Aside from the worst pandemic in a century and an inordinate number of natural disasters, social and political tensions seem to be at all-time high.
These tensions flooded the workplace like a tsunami and employers are trying to figure out how to return civility and respect to the workplace. No “secret sauce” or “magic pill” exists for creating and promoting a civil and respectful workplace, so the purpose of this article is to outline a few action items for helping employers get on the right track toward a more civil workplace as soon as possible.
Read moreArbitration Where You’re Not Expecting It
In the decade since the Supreme Court decided AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011) and American Express Co. v. Italian Colors Restaurants, 570 U.S. 228, 233 (2013), arbitrability has become a threshold question for class action practitioners. On the plaintiffs’ side, a cautious practitioner might avoid bringing a claim that falls within an enforceable arbitration clause. And on the defendants’ side, the first move will be to invoke an arbitration clause with a class waiver whenever there is contractual privity between a plaintiff and a defendant. Arbitrability thus becomes a quasi-dispositive question, independent of a case’s merits.
Read moreDOJ Issues New Guidance on the Use of Arbitration To Resolve Antitrust Division Matters
The Department of Justice issued new guidance last week on the use of arbitration in Antitrust Division matters. The Division’s guidance comes in the wake of its use of arbitration for the first time in United States v. Novelis Inc. and Aleris Corporation. The new guidance sets forth the Antitrust Division’s policy “to encourage the use of ADR techniques in those civil cases where there is a reasonable likelihood that ADR would shorten the time necessary to resolve a dispute, reduce the taxpayer resources used to resolve a dispute, or otherwise improve the outcome for the United States.”[1]
Read moreWHAT ARE THE ADVANTAGES OF MEDIATION IN RESOLVING FAMILY DISPUTES?
Separation and divorce can be an emotional rollercoaster. Feelings of anger, hurt and worry are common – add the uncertainty created by Coronavirus and they are amplified. With emotions running high, resolving family disputes, and reaching an agreement about parenting arrangements, maintenance payments and other finances can feel impossible. When communication breaks down, using the Family Court to settle your dispute might seem like the only option. However, there is an alternative which helps you reach a resolution sooner and stay in control of your family’s future.
Read moreEarly communication and mediation best way to solve COVID rental issues, says landlord body
Scotland’s largest landlord membership organisation has urged landlords and tenants to work together to sustain tenancies at risk due to the COVID-19 pandemic and ensure tenants access all available support to pay their rent.
Read moreTeaching Peace in Classrooms
Peace Education is a growing area of research at some colleges and universities. Peace education programs often explore subjects covered in the news, such as violence in schools and mental health issues during a quarantine.
In Japan this week, Rebecca Oxford was to speak at a meeting of JALT, the Japan Association for Language Teaching. Her subject: “The Language of Peace.”
Read moreDispute getting you down?
There are many services provided for small to medium sized businesses that do not get enough credit for their success and efficiency.
Mediation is most certainly one of them. For those unfamiliar with the term “Mediation”, picture two or more parties to a commercial, or civil dispute seeking an alternative to the time consuming, extortionately expensive and stressful legal system. Mediation consists of one mediator using logical reasoning to seek the root of the issue and enable cross-party understanding to reach a settlement agreement. Mediators are accredited professionals, usually with a diverse commercial background including litigation experience, meaning that, although they are not there to provide legal advice, they can lead their clients to the most cost and time-efficient path to resolving their dispute. They do so whilst avoiding the uncertainties of the legal system, circumventing the involvement of solicitors, barristers, filing fees, and intrusive discovery processes.
Read moreBusiness Arbitration Court Opens in Tehran
With the go-ahead of Ebrahim Raeisi, the head of Iran’s Judiciary, and following demands from representatives of private sector at chambers of commerce and in response to the correspondence of Economy Minister Farhad Dejpasand, a specialized judicial court to deal exclusively with cases related to business disputes has opened in Tehran.
Read moreFinancial Industry Regulatory Authority Arbitration of Employment Disputes
The Financial Industry Regulatory Authority, Inc. (FINRA) is an independent regulatory body, overseeing securities firms and their brokers and other registered personnel. Arbitration of employment disputes in the arbitration forum sponsored by the FINRA offers a number of industry-specific or unique considerations. Accordingly, employers should understand the risks and potential rewards of arbitrating in the FINRA arbitration forum and seek counsel from experienced FINRA practitioners.
Read moreA Look at the Current State of ERISA Class Action Litigation
This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Here, we look at the current litigation landscape, including the types of ERISA cases that currently are being filed, the recent Supreme Court decisions, and the substantial settlements paid in many recent ERISA cases.
Read moreMore about Arbitration, Coaching and Mediation Creating a solution for the future together
As an entrepreneur, there is always a chance that you are faced with a dispute or even a conflict. You obviously want to prevent these cases, but there are occasions in which you cannot foresee a dispute. We can help you through conflict mediation. The fact remains that dispute resolution often takes a long time and costs a lot of money. However, we try to save you time and costs so that you can focus on your own priorities. To avoid tensions spanning many years, we will give you extensive advice and will help you make decisions. By listening carefully and asking the right questions, we guide you to a solution that you can formulate yourself. If this does not work, we will be able to make the right decision for you if desired.
Read moreFrequently Asked Questions about Family Mediation
Is mediation suitable for everyone?
Mediation will often help in situations where communication is not working well, or where you and your ex could be open to exploring options about how to reach an outcome that will work for everyone, but you may be finding it hard to identify options and discussions don’t turn out well when it’s just the two of you talking it through.
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 moreHOW TO SETTLE A WORKPLACE DISPUTE
No matter the place, conflict is inevitable. The workplace is where conflicts are likely to occur the most, as employees with different backgrounds and various work styles are gathered for a shared business purpose. Conflict can and should be controlled and resolved peacefully as it can have a huge impact on the whole business’s performance. Let us show you how to settle a workplace dispute.
Read moreArbitrating Intellectual Property Disputes: Lessons from Hong Kong and Singapore
Alternative dispute resolution (ADR) is growing in popularity as a method of resolving intellectual property (IP) disputes across the globe. This is evident from the rising number of cases handled by the WIPO Arbitration and Mediation Centre over the past few years, from 136 cases in 2017, to 155 in 2018, to 178 in 2019.[1] Outside of arbitration and mediation, domain name dispute resolution (DNDR) administrative processes are quickly becoming a preferred method to deal with trademark disputes involving online domain names, with 3,074 cases filed with WIPO in 2017, 3,452 in 2018 and 3,693 in 2019.[2]
Read moreWhat Leaders Need To Know About Bullying In The Remote Workplace
A manager stares impatiently at an empty Zoom screen and thinks: “Late again for our catch up. Typical! And why haven’t they provided the information I requested? Working remotely makes it easier for them to avoid me.” The line report hovers over the ‘join meeting’ icon, with an impending sense of doom. “I can’t face this today. I am going to be undermined and disrespected…again. Such unrealistic expectations. My manager is a bully and wants me out!”
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