The International Bar Association has been responsible for several definitive guidelines to assist practitioners in international arbitration. These include the 2010 Guide for Drafting International Arbitration Agreements, the 2010 Rules for Taking of Evidence, and the 2004 Guide on Conflicts of Interest. To this we now add the IBA Guidelines on...
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Michael Leathes, a founder of the International Mediation Institute and former in-house counsel of high accomplishment, has written to correct our immediately prior post: Regarding the penultimate para, actually there are examples of deal mediations out there. In fact, we have a little section on the IMI portal devoted to this...
It sometime sometimes seems that the community of business lawyers is divided into two broad tribes: The lawyers who handle the deals, and the lawyers who handle what happens when the deals fall apart. Unfortunately, these two tribes too seldom mix. They don’t go to the same ABA meetings, their...
Our correspondent and colleague Alessandro Bruni offers the following update on the ever-changing state of Italian mediation. ...
During a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, GE Oil & Gas Assistant General Counsel Mike McIlwrath shared some cogent and stimulating -- and personal -- observations on the responsibility that corporate end-users must take for the process of international arbitration. Soon after...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
Two panels at the upcoming meeting of the ABA Business Law Section in Washington, DC, will be of interest to business lawyers concerned with conflict management. The first, on Friday April 5 at 8:00 a.m., addresses Early Negotiation and Dispute Management and features David Burt of DuPont, Kathy Bryan of CPR, Ben Picker...