The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the...
Once again I have had the privilege of teaching the excellent students at New York Law School in International Commercial Dispute Resolution, and once again it has resulted in some superb pieces of written research. Here is the work of Somya Kaushik, who will be graduating in a few weeks...
The current issue of IBA Global Insight (Feb/March 2013) features an excellent article by Rebecca Lowe that, on first glance, studies the defenses to liability under the Alien Tort Claims Act as presented by the U.S. Supreme Court's consideration of Kiobel v. Royal Dutch Petroleum. The article, however, is both...
However effective and broadly adopted the Convention and Rules of the International Centre for Settlement of Investment Disputes (ICSID) have been, the ICSID Conciliation Rules have enjoyed very little respect and have seldom been used. This is especially to be regretted, because ICSID arbitrations, though relatively few in number, are often...
Our faithful correspondent Alessandro Bruni, of Concilia, writes that he and Michela Sitzia have authored an about the mediation in Italy (updated to the recent court action finding the mediation statute unconstitutional). Alessandro writes: This article is a part of a book titled “Mediation 2013 in 16 jurisdictions worldwide”, edited by...
The four films produced by Harvard's Kennedy School on mediating corporate-community disputes have been recognized with the Award for Best Publication or Communication by the prestigious Centre for Effective Dispute Resolution (CEDR), in London. I am honored to have written and co-directed these films, and also served as interviewer on two....
The 17th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Zagreb, Croatia, on October 5-6, 2012. Mediators and Centers came from the U.S., Spain, Italy, India, Canada, Croatia, France, Netherlands, Czech Republic, Lebanon, Russia, the U.K., Slovenia, Germany,...