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

Canada and the International Convention on Investment Dispute Resolution

Canada has completed the enactment of Bill C-9, An Act to Implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). The bill has been passed by both the House and the Senate and has received Royal Assent.

This Act enables Canada to ratify a convention that has already been ratified by 143 countries, and that will provide Canadian investors with another internationally recognized instrument for protecting their assets abroad,” said Minister Bernier.

“This is welcome news for Canadian business,” said the Honourable David Emerson, Minister of International Trade. “Entrenching international standards will both promote and protect two-way investment between Canada and its trading partners around the world. These are key objectives of the Global Commerce Strategy.” Continue reading Canada and the International Convention on Investment Dispute Resolution

ICC International Court of Arbitration will open a branch in Hong Kong

The International Chamber of Commerce (ICC) will open a branch of the Secretariat of its International Court of Arbitration in Hong Kong. The branch secretariat, the first in Asia, will have a case management team to administer cases in the region under the ICC Rules of Arbitration. It is expected to be fully operational by the end of the year.

The International Chamber of Commerce’s decision to set up branch of the Secretariat of the Court in Hong Kong is an endorsement of our position as a premier center for international arbitration services. Its presence will enhance the provision of arbitration services in Hong Kong, ” said Wong Yan Lung, secretary for Justice of the Hong Kong Special Administrative Region government. Continue reading ICC International Court of Arbitration will open a branch in Hong Kong

Online Dispute Resolution emerging in Kerala, India

Online Dispute Resolution involving mediation and arbitration with the help of technology, was emerging as a branch of dispute resolution, Chief Justice of Kerala, H L Dattu said on Saturday. In India, this method is in its infancy stage and is gaining prominence day by day, he said after inaugurating the National Conference on court annexed mediation and role of institutional arbitration here.

With the enactment of Information Technology Act, 2000, e-commerce and e-governance have been given a formal and legal recognition. Even the traditional arbitration law of India has been reformulated and ‘Arbitration and Conciliation Act, 1996’ was enacted, he said.

In mediation, the practitioner has no advisory role, instead, a mediator renders help to parties to develop a shared understanding of the conflict and to work towards building a practical and lasting solution, he said.

He also emphasised the need for creating awareness on mediation among the general public. Continue reading Online Dispute Resolution emerging in Kerala, India

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

e-Justice Centre, ODR in Second Life

e-Justice Centre is an arbitration centre that belongs to the Portuguese Ministry of Justice and was developed in collaboration with the Department of Communication and Art of the University of Aveiro and the Faculty of Law of the Lisbon New University. This centre provides mediation and arbitration services for all avatars in Second Life in the resolution of disputes resulting from consumer relations or any other contract-based relations signed between parties.

The most interesting issue is that e-Justice Centre, is a mediation and arbitration centre, in the 3D virtual world of Second Life.

Picture of the virtual ODR centre e-Justice:

e-Justice Centre, ODR in Second Life
The centre provides mediation and arbitration services for avatars resident in Second Life, permitting the opportunity to decide on conflicts deriving from consumer relations or any contracts signed between parties. Users of the centre can opt to resolve submitted disputes through the application of Portuguese law or through the use of impartiality criteria. The functioning of the mediation and arbitration centre will be the responsibility of the Faculty of Law of the Lisbon New University via a protocol signed with the Ministry of Justice. Continue reading e-Justice Centre, ODR in Second Life

What is (and isn`t) ODR – Online Dispute Resolution?

Jason Krause, ABA Journal online, wrote a really interesting article about ODR. These are some of the most interesting ideas about it:

– The American Arbitration AssociationAAA – says ODR is used in only a small percentage of all cases settled, but it has seen recent growth. In 2006, 3,000 of the 160,000 cases the AAA handled were done digitally.

ODR, Online dispute resolution is a broad category: Any mediation, ar­bitration or dispute resolution that takes place outside of court and at least partially online qualifies. It differs from alternative dispute res­olution, which refers to processes outside governmental jurisdiction. ODR can mean anything from e-mailing documents and evidence to using videoconferencing to bring the sides together. And it has been most effective in international or long-distance disputes involving technology issues. Continue reading What is (and isn`t) ODR – Online Dispute Resolution?

2008 International Forum on Online Dispute Resolution

2008 International Forum on Online Dispute Resolution

The 2008 International Forum on Online Dispute Resolution will take place in Victoria, British Columbia. This important conference will held at venues including Royal Roads University, and the Lester B. Pearson College of the Pacific on Vancouver Island June 18-19, 2008. The photograph is of Hatley Castle at Royal Roads University. The Forum has as its purpose the bringing together of the world’s leading practitioners, academics, theorists, and online negotiation application developers, to share information, and to create a vehicle for ODR education.

The 2008 International Forum on Online Dispute Resolution in Victoria will build on the research, applications and field development discussed at other international ODR meetings and workshops that were held in Geneva (2002 and 2003), Edinburgh (2003), Melbourne (2004), Bologna (2005), Brussels (2005), Cairo (2006), and Palo Alto (2007), Liverpool (2007) and Hong Kong (2007).

The 2008 International Forum on Online Dispute Resolution will consist of two days of plenary sessions and breakout sessions. The Forum brings together the world’s leading practitioners, academics, students, and civil society to discuss the resolution of disputes using online technologies. These disputes may range from b2c (Business to consumer) to the prevention of human rights violations in conflict regions, to reconciliation of opposing groups in armed conflict, to disputes over intellectual property on the internet. It also brings together the leading technology developers who design conflict resolution platforms for use legal, commercial, or insurance related disputes (i.e. PayPal). Keynote Speakers The organizing committee of the 2008 International Forum on Online Dispute Resolution notes that we have invited two special keynote speakers, Dr. Vinton Cerf, inventor of the Internet, and Dr. Jose Ramos Horta, Pax Nobel 1996 and President of East Timor). The presence of these notable persons on the world stage as our special guests indicates the importance and relevance of the Forum’s deliberations. The keynote speakers will add their unique perspectives on the possible uses of technology and the Internet to resolve disputes and create peace. Continue reading 2008 International Forum on Online Dispute Resolution

1st International Law School Negotiation and Mediation Competition

The 1st International Law School Negotiation and Mediation Competition is an interesting competition for law schools worldwide includes the 2008 International Competition for Online Dispute Resolution (ICODR 2008) in which 270 teams from law schools around the world have competed since its commencement. The competition covers client instruction, case pleading, negotiation and mediation in the field of commercial dispute resolution. Continue reading 1st International Law School Negotiation and Mediation Competition