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

ICC dispute resolution course in Singapore

The interactive training session will take participants through the different stages of any amicable dispute resolution procedure, such as mediation. After defining the roles of the mediator, parties, and lawyers, participants will work in small groups on a mock case. Each group will be led by a renowned dispute resolution practitioner. A real case study will be used to illustrate the roles of the parties.

“This new course is a unique opportunity for participants to gain insight into the different stages of any amicable dispute resolution procedure. Bringing together individuals from widely diverse professional and cultural backgrounds, the training creates an exceptional forum for exchanging experience and viewpoints,” said Melanie Meilhac, Manager, ICC (International Chamber of Commerce) Dispute Resolution Services.

ICC’s (International Chamber of Commerce) first ADR training session, held in Paris last April, attracted participants from 15 countries, reflecting the increased attention that the international legal community is giving to mediation and other methods of dispute resolution. Continue reading ICC dispute resolution course in Singapore

Seventh annual online dispute resolution Cyberweek

Seventh annual online dispute resolution Cyberweek

The Center for Information Technology and Dispute Resolution at the University of Massachusetts (CITDR) invites you to participate in the seventh annual online dispute resolution Cyberweek.

This is an all-online Web based conference with no fee for participation and registration. A few of the opportunities planned for Cyberweek include: Continue reading Seventh annual online dispute resolution Cyberweek

CEDR Launches the First Mediator Audit

CEDR, in partnership with CMS, is carrying out research into the varying stages of development of mediation in the EU.

The research project follows the European Commission’s Green Paper on ADR and the subsequent report of the European Parliament. Both the report and the summary of responses to the Green Paper emphasised the need for further research into ADR before any harmonisation could be attempted on a European level.

The study concentrates on court-annexed mediation schemes for commercial disputes, excluding the areas of family and employment law, and will focus on the 15 member states. The aim of the research is to compile a geographical guide describing the development of ADR in each member state. From this it will be possible to analyse the relative progress of each country and isolate any key issues which warrant further research.

CEDR and CMS aim to regularly update the report in order to provide a contemporary view of the development of mediation across the EU.

Completing the questionnaire
As part of the research we would be grateful if you as a Law Firm, ADR provider, public administrations or other interested stakeholder, could find the time to complete the questionnaire to assist CEDR in compiling an accurate study into the current status of mediation in the EU.

The questionnaire, available in English, French and German, can be downloaded in word format in the following website..

Year 2003

European Commission Consultation on Legal Problems in e-Business

The e-Economy has become a wide-ranging phenomenon, cutting across geographical boundaries and industry sectors with the potential to further boost the Internal Market in the form of economic growth, investment, innovation and job creation.

As a follow-up to the eEurope 2005 Action Plan and the conclusions of the European Council of 20/21 March 2003 stressing the need for exchanging experience in the field of e-business, the European Commission, Directorate General Enterprise, would be interested in your experience as an enterprise doing e-business. The objective is to collect feedback and practical experiences from the market and to identify still existing practical barriers or new legal problems encountered while conducting business electronically. Continue reading European Commission Consultation on Legal Problems in e-Business

European Commission Public Hearing on ADR – Brussels, 21 February 2003 –

The European Commission presented on 19 April 2002 a Green Paper on Alternative Dispute Resolution in civil and commercial law.

Many organisations expressed they interest in this Green Paper. Most of they have directly participated in the debate launched by the Green Paper, by submitting comments on it. The European Commission would like to thank them for they contribution. Continue reading European Commission Public Hearing on ADR – Brussels, 21 February 2003 –

Building Contract Disputes

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. Continue reading Building Contract Disputes

International Competition for Online Dispute Resolution 2003

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. Continue reading International Competition for Online Dispute Resolution 2003

UK Housing Ombudsman issues annual report Year 2002

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. Continue reading UK Housing Ombudsman issues annual report Year 2002

Basis for the Harmonisation of Online Arbitration

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?
Continue reading Basis for the Harmonisation of Online Arbitration