I write and annually update Building Contract Disputes: Practice and Precedents (Sweet & Maxwell, London), which includes chapters on ADR, adjudication and arbitration, and a directory of dispute resolution service providers. Read the rest of this entry »
The Online Arbitration: What Technology can do for Arbitral Institutions seminar is free-of-charge and is being presented on two alternative dates: Thursday January 16 or Friday January 17 2002. Brunel University, United Kingdom.
The expectation is that online technology will speed up and reduce the cost of international arbitration proceedings. It is expected to remove the need for sending large quantities of paper through courier services and replace face-to-face meetings by cheaper and easier online video conferencing. This seminar will ask the question “How realistic are these expectations?”
For the last two years the E-Arbitration-T team of lawyers and technologists have been looking at these issues. A key feature of international arbitration is that it delivers a result - the award - that national courts will recognise and enforce. We cannot simply substitute Internet and computer technology without considering the criteria courts will apply in deciding that the award was made properly and fairly within the intent of relevant international law. This seminar will look at the technological options and the rules and procedures necessary to exploit them. It will also examine the need for change in the international legal framework to reap the full technological benefits. Read the rest of this entry »
International Competition for Online Dispute Resolution 2003
A. Background and Goal
Last year’s online negotiation competition had 12 teams from 10 schools in six countries. This year interest has been expressed on behalf of about 35 schools in 15 countries in the online arbitration, online mediation and/or online negotiation competitions being held.
The goal of the competitions is to enhance worldwide law student understanding of online dispute resolution.
All that a law student needs to participate is a computer with an internet connection, an internet browser, and a faculty sponsor.
Please note that the competitions for this year will be in English. We are endeavouring to hold future competitions in other languages.
B. Brief description of the competitions.
i. Online Arbitration Competition:
Description: International Commercial Arbitration Dispute under the UNCITRAL Arbitration Rules.
Teams: Students compete either as advocates (teams of up to four) or as arbitrators (1 or 2 persons). Student arbitrators serve in different arbitrations from student advocates of the same school. In each arbitration, the student advocates work out the procedure with the student arbitrators and student arbitrators write an award due by mid-February. Evaluators determine the most effective advocate and arbitral tribunal teams.
Realism: To enhance the realism for the students and thanks to the kind permission of these major international arbitral institutions, the designation of the appointing authorities and the actual appointments of the student arbitrators will be done as if the students were being appointed by the Secretary General of the Permanent Court of Arbitration in the Hague, the Hong Kong International Arbitration Centre, the UNCITRAL Committee of the ICC International Court of Arbitration in Paris, the London Court of International Arbitration, and the International Center for Dispute Resolution of the American Arbitration Association in New York and Dublin.
Dates: Problem given out at the beginning of November, competition lasts from December 15 through end of February 2003. Read the rest of this entry »
Does on-line dispute resolution have a role to play in commercial disputes? Gregory Hunt of the Chartered Institute of Arbitrators says that it does. It makes sense that consumers who buy online, and businesses who trade online, will want to have their disputes resolved online.
Some say that Online Dispute Resolution (ODR) is a new form of alternative dispute resolution (ADR), actually it is simply the tool which helps the lawyer, the arbitrator, the mediator and the parties to reach their resolution solution. Read the rest of this entry »
Online Dispute Resolution News ODR_Moderator writes “E-Arbitration-T ? have issued a proposal for the Harmonisation of Online Arbitration
This paper aims to be a basic overview of the issues that Online Arbitration raises when dealing with B2B transactions.
Summary of Questions Submitted for Discussion:
Question 1: What is your opinion on the general approach that the EU institutions should follow on ODR and Online Arbitration of B2B transactions? Should the initia-tives be limited to B2B transactions?
Question 2: Do you think that a directive is the most appropriate regulatory instrument to deal with e-commerce issues? And to deal with ODR methods? Do you think that the European Primary Law provides the EU with a legal basis to adopt a directive on ODR methods?
Question 3. Could or should the principles set out in the two recommendations apply indiscriminately to fields other than consumer protection? Of the principles enshrined in the Recommendations, which in your view could be incorporated in the legislation of Member States?
Question 4: Do you think that the EU should follow the Uncitral Model Laws, or should it leave the regulation of Online Arbitration disputes to national laws?
Question 5: What is your opinion on the controversial issues highlighted in section 7? Are they controversial at all? Is this a fictitious debate? What option would you adopt, if any, to solve the inconsistencies? What other alternatives would you propose?
Question 6: Do you think that this is an appropriate time to pass a directive on ODR methods? Would you be in favour of a directive on ODR methods? What are, in your opinion, the legal bases, if any, for a directive on ODR methods?
Question 7: Do you think that the adoption of European standards for Online Arbitration technologies is necessary? Do you think that the EU has the human and technical resources to dictate European Standards without public discussion? Would it be wise to create an interdisciplinary group capable of negotiating standards with other geo-graphic regions?
Read the rest of this entry »
Rafael writes that The Independent Housing Ombudsman Scheme (UK) has published its 2002 annual report. The report describes a period of continuing increase in the total volume of complaints (3640, 5.5% more than last year) and a marked rise in the number of cases which required a determination by the Ombudsman (16% more than last year).
Bad administration was found in two-thirds of all the complaints investigated. Failures by landlords to deal with repairs and with anti-social behaviour were the reasons for more than half of the complaints. It also reports many changes in the administration and operation of the Scheme. In particular it has recruited more staff and reformed casework management procedures. Read the rest of this entry »
The Supreme Court accredited mediators in Cebu City, Philippines formalized the organization of a non-stock, non-profit association called “Confederation of Accredited Mediators in the Philippines” or “CAMP”. Read the rest of this entry »
Disputes over failed software construction projects raise interlinked technical and legal issues which are complex, costly, and time-consuming to unravel ? whatever the financial size of the claims and counterclaims, the facts and circumstances of the contract between the parties, or the conduct of the software development.
CASTELL Consulting has been involved internationally as Expert, Mediator and Arbitrator in a wide variety of disputes and substantial legal actions over contracts which are terminated, with the software rejected amidst a considerable range and variety of allegations expressed by both supplier and customer. These include allegations of incomplete or inadequate delivery, software or database errors, faulty design, operational or performance deficiencies, shifting user or business requirement specifications, poor project management, delays and cost over-runs. Read the rest of this entry »
Year 2002 - eLexPortal provides users with tailored answers about national e-Commerce regulation throughout the EU. LUXEMBOURG eLexPortal.com, the e-Commerce Legislation and Regulatory Policy Portal run in partnership by two European specialist firms, ERIN S.A. and Cullen International S.A. with the support of the European Commission, is now live with full coverage of national legislation on e-Commerce. This Portal provides non-specialist entrepreneurs and business people with information about variations in the legislative and regulatory aspects relating to eCommerce across the EU in a user-friendly manner. Read the rest of this entry »
