The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
This blog has noted, over the years, the challenges of multiparty negotiations. It has also brought readers' attention to the challenges of hostage negotiation. This next paper from a New York Law School student combines the two in a horrific melange of self-interest, terror and human lives. The topic is the...
I was privileged to be included in the recent European Users' Council Symposium at Tylney Hall, near Basingstoke, England, and organized by the London Court of International Arbitration. Present were international practitioners and arbitrators; inside council of global corporations who regularly use international arbitration; professors of international dispute resolution; representatives...
I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...
Med-Arb and other hybrid processes have been received with reluctance in the United States and UK, mainly because of ethical concerns of the arbitrator. Outside of common law countries, however, the legal culture has been more welcoming to the involvement of an adjudicator -- whether a judge or an arbitrator -- in...
As a final report on the proceedings of the recent IBA Annual Conference, on Thursday November 3 Jane Player and I co-chaired a Panel on "The Use of ADR in the Management and Control of Dispute-Related Costs." ...
Two years ago, a session was held at the Buenos Aires IBA Annual Conference on the feasibility of creating a set of rules for the mediation of disputes between investors and States. The ICSID Conciliation Rules are broadly acknowledged to be clumsy and have seldom, if ever, been used. For the past...