ICC seminar on resolving disputes in space and aeronautics industries

ICC will hold a seminar on resolving disputes in the space and aeronautics sectors. The conference Dispute Resolution in Aeronautics and Space will take place on 5 February under the auspices of the ICC International Court of Arbitration. It will address three main themes: risk management; the impact of financing on enforcement and repossession strategies; and the methods available for resolving disputes. The conference will identify the specific risks in the aeronautics and space industries, taking into consideration recent developments in this sector; notably the increase in air traffic, new types of material, more innovative technologies and the development of new airline companies. Given these risks, one session will also be devoted to the importance of insurance and re-insurance.

The conference will also delve into dispute resolution in the industry, covering issues such as litigation B2C, secrecy obligations and dual purpose technology, and their impact on dispute resolution proceedings. The range of procedures available to resolve disputes – such as state court procedures and international commercial arbitration – will be addressed.

The conference will be held at the ICC Secretariat in Paris and will be conducted in English and French. Simultaneous translation will be available. Space is limited, and a discount will be offered to members and non-members of ICC who enroll by 12 January.

Mediation in civil and commercial matters: European Parliament endorses new rules

Mediation in civil and commercial matters European Parliament endorses new rules

A Directive on certain aspects of mediation in civil and commercial matters was adopted today 23 April 2008. The purpose of the Directive is to facilitate access to cross-border dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings. The Directive is one of the follow-up actions to the Green Paper on alternative dispute resolution presented by the Commission in 2002, the other being the European Code of Conduct for Mediators established by a group of stakeholders with the assistance of the Commission and launched in July 2004.

Welcoming the adoption of this Directive, Vice-President Jacques Barrot said: “This Directive fulfils the political objective established in October 1999 by the European Council of Tampere, which – in the context of encouraging better access to justice in Europe – called for the creation of alternative, extrajudicial procedures for dispute resolution in the Member States. Mediation can provide cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and help preserve an amicable and sustainable relationship between the parties.

The Commission proposed the Directive in October 2004 (IP/04/1288). The Directive facilitates recourse to mediation by strengthening the legal guarantees accompanying it, thus giving real added value to citizens and businesses in the European Union. The key components of the Directive are as follows:

The Directive obliges Member States to encourage the training of mediators and the development of, and adherence to, voluntary codes of conduct and other effective quality control mechanisms concerning the provision of mediation services.

The Directive gives every Judge in the Community, at any stage of the proceedings, the right to suggest that the parties attend an information meeting on mediation and, if the Judge deems it appropriate, to invite the parties to have recourse to mediation.

The Directive enables parties to give an agreement concluded following mediation a status similar to that of a Court judgment by rendering it enforceable. This can be achieved, for example, by way of judicial approval or notarial certification, thereby allowing such agreements to be enforceable in the Member States under existing Community rules. Continue reading Mediation in civil and commercial matters: European Parliament endorses new rules

3rd annual ICC International Commercial Mediation Competition awards unveiled

The Brazilian team prevailed as a winner of the 3rd annual ICC International Commercial Mediation Competition. A team from the FGV Sao Paolo Law School walked away with this year’s top award for the 3rd annual ICC International Commercial Mediation Competition 18 February.

The award followed four days of intense competition , as the team from Sao Paolo and the University of California Hastings College of Law were pitted against each other to mediate a complex business deal. The Brazilian team, made up of Gisela Ferreira Mation, Pedro Fida Fenelon Tibucheski, and Daniel Tabel Luis received a trophy, EUR 2 000 in prize money, an internship at ICC’s ADR Secretariat, and a set of legal reference books.

Every participant in this year’s competition received a year’s subscription to the ICC International Court of Arbitration Bulletin. The awards ceremony was officiated by Guy Sebban, ICC Secretary General, Jason Fry, Secretary General of the ICC International Court of Arbitration and ICC Dispute Resolution Services Director and Pierre Tercier, Chairman of the ICC International Court of Arbitration. Continue reading 3rd annual ICC International Commercial Mediation Competition awards unveiled

Hong Kong International Arbitration Centre HKIAC

With about 350 arbitration cases / year (mainly in construction matters) Hong Kong International Arbitration Centre (HKIAC) is one of the most actives dispute resolution centres of the world. Main areas of activity of the Hong Kong International Arbitration Centre HKIAC are:

Negotiation: The most common form of dispute resolution is negotiation. By this means alone nearly all disputes are solved. If negotiations fail, it is necessary to seek the assistance of a neutral third party or several neutral third parties to facilitate a solution.

Mr. Christopher To, Secretary General of Hong Kong International Arbitration Centre HKIAC, video:

Conciliation and Mediation: Conciliation and Mediation are often terms used interchangeably and they are together referred to as mediation. Both involve the appointment of a third party to assist disputing parties to reach a settlement of their difference. The mediator is not given any power to impose a settlement. His function is to try to break any impasse and encourage the parties to reach an amicable settlement. In commercial disputes an impasse most often arises from either a lack of trust in the integrity of the other party or a genuine good faith difference of opinion on the facts underlying the dispute or on the probable outcome of the case were it to go to court. The mediator may act as a shuttle diplomat acting as a channel for communication filtering out the emotional elements and allowing the parties to focus on the underlying objectives. He will encourage the parties to reach an agreement themselves as opposed to having it imposed upon them. Continue reading Hong Kong International Arbitration Centre HKIAC