Articles

Vietnam Series: Four Key Features of the Commercial Mediation Framework

Posted by simc on 18 September, 2018

By Professor Nadja Alexander. This article was first published on the Kluwer Mediation Blog. Reproduced with permission.  In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the

Engaging China in the international mediation scene

Posted by simc on 2 September, 2018

An elevator pitch for the Zhejiang provincial government, a presentation for members of the China Enterprise Association and the same for delegations from Hainan, Shenzhen and Guangdong province. We also shared our work with China’s Chief Justice Zhou Qiang and Prosecutor General Zhang Jun. Oh, August was an exciting month.

Two for the Road: China’s International Commercial Courts

Posted by simc on 17 August, 2018

The Supreme People’s Court of China in June launched two specialist courts for commercial disputes arising from projects along the Belt and Road Initiative. We highlight some of the issues that have come up in the last one month. First things first, the facts: The China International Commercial Courts (CICC)

The Rise of Mega Mediations #2

Posted by simc on 13 August, 2018

By Geoff Sharp So many moving parts – the people, the paper, the posturing –  like a long haul plane sitting on the tarmac, how do these huge mediations ever get off the ground? Well, they are surprisingly graceful once airborne and if done right, mega mediations become manageable as

The Rise of Co Mediation in Mega Mediations

Posted by simc on 8 August, 2018

By Geoff Sharp With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging. It is just as Danny McFadden says in his recent post on China’s modern-day silk road initiative Big Projects, Big Disputes – Bring in the Mediators; “mediation

The Singapore Convention: A milestone in mediation

Posted by simc on 25 July, 2018

Mediated settlements could soon be enforced internationally, following the adoption of UNCITRAL’s Convention on the Enforcement of Mediation Settlements and corresponding Model Law. We highlight some of the conversations that have been stirring in the last one month. The 2019 Singapore Convention could be for mediation what the 1958 New

How Not To Do Arb-Med-Arb

Posted by simc on 23 July, 2018

By Alan Limbury The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to make it work properly. The case

George Lim Discusses the New Singapore Mediation Convention

Posted by simc on 17 July, 2018

The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26, 2018, and is to be adopted later this year. The Convention aims to secure the enforceability

How about the use of dual mediators in Asian mediations

Posted by simc on 9 July, 2018

Thomas J. Klitgaard argues for the introduction of more than one mediator in a complex mediation, one who is familiar with the intricacies of the culture and law of the land. With the increasing rise of nationalism in Asia, law firms and businesses should consider the use of dual mediators

The Indian Mediation Journey Thus Far and The Way Forward

Posted by simc on 10 November, 2017

By Laila Ollapally, Users Council Member