Conflict Management vs Conflict Resolution

Conflict Management vs Conflict Resolution

When people are in conflict, they can choose either conflict resolution or conflict management.  While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved.  The two processes have different objectives and will often achieve different outcomes …

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UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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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 …

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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 …

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Take Control of Your Arbitration Costs

When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.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 …

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