E-Arbitration-T Project - Online Dispute Resolution

Arbitration is increasingly seen as the preferred way to resolve cross-border business disputes, in a world where traditional litigation often spells headaches, uncertainty and lost time. The ICC International Court of Arbitration, the world’s best-known arbitral institution, will host a two-day workshop in San Francisco on international dispute resolution, June 11 to 12 the Westin St. Francis to help lawyers and business executives better understand the ins and outs of this fast-growing field.

The court is part of the International Chamber of Commerce, the world business body that has been in the forefront of cross-border dispute resolution since 1923. The workshop is designed to provide a better understanding of ICC arbitration and the other dispute resolution services. Organizers aim to showcase practical strategies and tactics for those involved in international arbitration. Read the rest of this entry »

ICT Strategy of India: an Online Disptute Resolution ODR Perspective

The aim of this article is to stress upon the importance of Information and Communication Technology (ICT) for resolving contemporary electronic commerce (e-commerce) and other disputes. The best example of the same is the use of Online Dispute Resolution (ODR) for resolving these disputes and misunderstandings. The Online Dispute Resolution Mechanism (ODRM) is gaining popularity among all the countries of the World, including India. There are, however, certain prerequisites that must be satisfied before ODRM can be effectively established and used in India.

I. Introduction

In the present globalised and decentralised world, India cannot afford to keep its economy closed and secluded. Thus, an interaction between Indian economy and world’s economy is inevitable. That is not a big problem. The real problem is to make Indian economy an efficient and competitive economy. Though there are many indicators for measuring the strengths and weaknesses of an economy, but the ICT strategy of a nation is very crucial to put it on a global map. It is very important that the ICT strategy and policies of a nation must not only be suitable but should also believe in a “holistic application and implementation”. The ICT strategy and policy of a nation cannot afford to keep the different components of ICT[1] separate. Their amalgamation and supplementation must be done at a priority basis otherwise the ICT strategy and policy will not bring the desired results.[2] The present ICT strategy and policies of India are deficient and defective.[3] It must be appreciated that the ICT is directly related to International Trade, more particularly e-commerce. Thus, when the Indian economy will be integrated with the Global economy certain disputes are bound to be there. We cannot use the traditional litigation methods to resolve those disputes. That will only put more pressure on the already overburdened courts. The fact is that the increasing backlog of cases is posing a big threat to our judicial system. The same was even more in the early 90 but due to the computerisation process in the Supreme Court and other courts that was reduced to a great extent. However, the backlog is still alarming.[4] This is because mere computerisation of Courts or other Constitutional offices will not make much difference. What we need is a will and desire to use the same for speedy disposal of various assignments. There is a lack of training among Judges regarding use of Information Technology (IT). We need a sound training of Judges first before we wish to capatilise the benefits of IT. A good initiative has already been taken by the Supreme Court.[5] However, the same appears to be dormant for the time being. Thus, we need a public initiative as well.[6] Besides, the use of ICT for ODR purposes is also inevitable due to the mandates of the “right to speedy trial” that is provided by the Constitution of India. Read the rest of this entry »

International Dispute Resolution in United Kingdom UK

World of Arbitration In a civilised society, citizens look to the courts to settle their disputes. The courts put judges at the disposal of the parties, the courts determine the substantive and procedural law which is to be applied and the courts enforce their own orders through court officers, when necessary. It is a one-stop shop.

For those engaged in alternative dispute resolution - ADR, the courts are available not merely to enforce decisions and awards but also to supervise and control the chosen ADR procedures, should matters go awry.

Where disputes arise in the international arena, the picture is a little different because national courts are rarely acceptable to both sides. Disputes between states or between an individual and a foreign state or between an individual and an international organisation may be regarded as being in a special category, where the aggrieved party may have recourse to treaty arbitration. Examples are arbitration before the PCA1 and arbitration under the auspices of ICSID2. Beyond that special category, the parties must make express provision for dispute resolution in their agreement, failing which the aggrieved party will be left to seek his remedy from the domestic courts of one country or another, depending upon which will assume jurisdiction.

The result is a contrast. Whereas national courts often represent a convenient and acceptable means of dispute resolution for parties to a dispute which has no international element, there is no international equivalent. In consequence, most international disputes fall to be resolved through a process or by a tribunal which is essentially consensual in origin.

This paper is concerned with the resolution of disputes arising under international construction contracts. The purpose is to survey the available alternatives and to identify some of the considerations to be borne in mind by those concerned. In this last context, the emphasis is on two key considerations, being enforcement and applicable law. Read the rest of this entry »

InterDigital vs Samsung arbitration awards

Wireless technology company InterDigital Communications Corp. announced it has been awarded $134 million by an arbitrator in a decade-long royalty dispute with South Korean-based Samsung Electronics Co. Ltd.

The arbitration award for InterDigital (King of Prussia, Pa.) covers past royalties plus interest on Samsung’s sale of single mode 2G GSM/TDMA and 2.5G GSM/GPRS/EDGE terminal units through 2005. The arbitrator said Samsung would have to pay InterDigital $17 to $21 million to cover royalties for the first half of 2006.

In a separate matter, the arbitrator determined that Samsung has not obtained the broader CDMA and 3G patent license rights in the Nokia agreement with InterDigital.

In Feb. 1996, Samsung entered agreements with InterDigital which covered both technology development and patent licenses. As part of the agreements, Samsung paid approximately $35 million up front to InterDigital. Read the rest of this entry »

The International Bureau of the Permanent Court of Arbitration is currently considering applications for the position of Deputy General Counsel.

Qualifications

Advanced university degree in law, with admission to practice in at least one jurisdiction of a Member State. A minimum of 9 years of progressively responsible professional legal experience in the practice of law either in the legal office of an international organization, or in a law firm, or the legal office of a Government is required. Knowledge of public international law, the law of international organizations, and/or arbitration is desirable. Excellence in drafting and negotiating legal texts, as well as superior analytical, verbal communication, and inter-personal skills are required. Fluency in written and spoken English is essential. Good working knowledge of French is desirable. Good working knowledge of Spanish and/or any other major language is a plus. Read the rest of this entry »

The Standard Dispute Rules (hereinafter referred to as ‘the rules’) are used, both nationally and internationally, to find a solution to a dispute or to obtain a verdict, quickly, simply and more cheaply, either through reconciliation or arbitration.

I. Conciliation
Either party may demand conciliation. The demand for conciliation is made by letter, fax or Internet. Within 10 workdays, and once the administrative costs have been covered, the other party (parties) is (are) advised of this demand for conciliation. The applicant is notified of any response or reaction by the other party. If the case reveals a serious difficulty the parties may, in that event, call for an expert or a mediator to be appointed, so as to avoid litigation. After one month or when the conciliation fails, either party may initiate arbitration proceedings.

II. Expertise and Mediation
All the parties may demand, together, in writing, for an expert or mediator. Within 15 workdays, and once the administrative costs have been covered, an expert or a mediator will be appointed. Each party bears the costs thereof for equal parts. Within 30 days after the appointment, the expert or mediator shall meet the parties and, within 3 months, he shall make a compromise or give a report with a clear opinion.

III. Arbitration
Before initiating arbitration in the first instance parties are obliged to make an attempt at conciliation every time the law imposes it.

Art. 1: General
Arbitration has, since 1958, been an internationally recognized procedure (convention of New York). Unless otherwise agreed between the parties, only the laws of the country of the clerk’s office of the Court shall apply. The law applies to all that is not expressly stipulated in these rules.

Art. 2: Jurisdiction
Parties who had not foreseen an arbitration clause, may, after a dispute has arisen, conclude a contract thereto. An arbitration agreement must be incorporated in a document signed by both parties or in other legally binding documents. Disputes which cannot be legally submitted for arbitration shall be inadmissible. If one party refuses to take part in the proceedings or does not present its arguments within the stipulated time limit, the dispute will be heard anyway and an award shall be pronounced. Read the rest of this entry »

Vacancy in the Permanent Court of Arbitration - Legal Counsel -

E-Arbtitration-T received the notice that the International Bureau of the Permanent Court of Arbitration is currently considering applications for the position of Legal Counsel.

Qualifications:
Applicants should be native English speakers admitted to practice law in their home jurisdiction with a minimum of five years of work experience in international arbitration, public international law, or a related field. Excellent drafting and research skills are required; language skills in addition to English are desirable. Read the rest of this entry »

LexisNexis, a leading provider of business and legal information services, and the American Arbitration Association (AAA), the global leader in conflict management and dispute resolution services, today announced a strategic relationship to deliver a new electronic collection of searchable Labor Arbitration Awards exclusively via the LexisNexis® research services. Read the rest of this entry »

International Online Dispute Resolution Competition Invitation 2006

The 5th Anniversary International Competitions for Online Dispute Resolution are open for registration! The free competitions offer law students worldwide an opportunity to practice and demonstrate their ADR and litigation skills working in a technological environment on the international plane.

The only requirements are that students have access to the internet and permission of a faculty member to participate. Student competitors are evaluated anonymously by experienced professionals from ADR and Litigation from around the world
. Read the rest of this entry »

The aim of this article is to analyse the prospective use of online dispute resolution mechanism (ODRM) in India. The necessity of the same has arisen due to the growing use of alternative dispute resolving mechanism (ADRM) in India to reduce the burdening of the already overburdened courts in India. The popularity and use of ADRM is increasing but it can achieve its best only if the same is integrated with the information technology.

I. INTRODUCTION

The swift growth of e-commerce and web site contracts has increased the potential for conflicts over contracts which have been entered into online. This has necessitated a solution that is compatible with online matters and is netizens centric. This challenging task can be achieved by the use of ODRM in India. The use of ODRM to resolve such e-commerce and web site contracts disputes are crucial for building consumer confidence and permitting access to justice in an online business environment. These ODRM are not part and parcel of the traditional dispute resolution machinery popularly known as judiciary but is an alternative and efficacious institution known as ADRM. Thus, ADR techniques are extra-judicial in character. They can be used in almost all contentious matters, which are capable of being resolved, under law, by agreement between the parties. They have been employed with very encouraging results in several categories of disputes, especially civil, commercial, industrial and family disputes. These techniques have been shown to work across the full range of business disputes like banking, contract performance, construction contracts, intellectual property rights, insurance, joint ventures, partnership differences etc. ADR offers the best solution in respect of commercial disputes. However, ADR is not intended to supplant altogether the traditional means of resolving disputes by means of litigation. It only offers alternatives to litigation. There are a large number of areas like constitutional law and criminal law where ADR cannot substitute courts. In those situations one has to take recourse of the existing traditional modes of dispute resolution. Read the rest of this entry »