ADR Clauses

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the…

  In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR…

On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre…

The new ICC Rules of Mediation were unveiled this week at a global launch in Paris. Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for…

 I don't mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage. Conventional wisdom says settle your disputes as early as…

This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this…

I would like to focus this blog entry on a recent development of Singapore relating to agreements to agree/negotiate in good faith and some of the practical consequences that can arise from this case…

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely…

The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing…