Conciliatory Policy. What is a Conciliatory Approach?

IBA International Arbitration

More businesses, schools, and governments have begun to adopt a conciliatory policy when evaluating and creating their conflict resolution processes.  Yet many people that follow and interact with these processes do not fully understand the term conciliatory and how it affects the dispute resolution process.  For some people, a conciliatory process may feel fresh and …

Read moreConciliatory Policy. What is a Conciliatory Approach?

Control Your Arbitration Costs

Take Control of Your Arbitration Costs

As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed in some cases “trimming”, the costs of arbitration. Surveys and studies demonstrate that the overwhelming costs of commercial arbitrations are not arbitrator fees or fees charged by arbitration …

Read moreControl Your Arbitration Costs

International Bar Association’s Guidelines on International Arbitration

IBA International Arbitration

The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2600 members from 115 countries. According to the IBA, membership is steadily increasing.The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by the global …

Read moreInternational Bar Association’s Guidelines on International Arbitration

What Should Appellate Mediation Look Like?

Appellate Mediation

For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute resolution (ADR).  …

Read moreWhat Should Appellate Mediation Look Like?

Peace Palace in The Hague

Peace Palace in The Hague

I recently visited the Peace Palace in The Hague.  The structure and layout of the building is a testament to its unique purpose.  Andrew Carnegie contributed the funds to build the palace under two conditions: that it contain the largest international law library in the world, and that each member country contribute gifts to decorate …

Read morePeace Palace in The Hague

Creating a Better ICSID

In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad.  Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to …

Read moreCreating a Better ICSID

Arbitration Faces Challenges On Two Fronts

Arbitration Faces Challenges On Two Fronts

These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to …

Read moreArbitration Faces Challenges On Two Fronts

How Does An Arbitrator Decide Who To Believe?

How Does An Arbitrator Decide Who To Believe?

It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine who is telling …

Read moreHow Does An Arbitrator Decide Who To Believe?

error: ADR Times content is protected!