Mediation Institute of Thessaloniki

mediation trainings 

May 13-18

June 25 - July 1

September 2-7

Thessaloniki, Greece  

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Kenneth Cloke, President Emeritus and Board member of Mediators Beyond Borders International, announces groundbreaking dialogues to be held in Athens, Greece on April 25-29.  Mediators Beyond Borders International is partnering with the Hellenic Mediation and Arbitration Centre to build the capacity of local communities in Athens to design, organize and conduct dialogues that address difficult and dangerous issues such as immigration.  

Cloke states "If we can start with an international team of mediators and organize a dialogue on immigration with Greek mediators, bringing together representatives of the main immigrant organizations, government officials, political and community leaders, religious organizations, police officials, and participants from the immigrant populations in Athens, we may be able to significantly increase understanding, create new possibilities, reach consensus on practical recommendations for action, and reduce the growing threat of hatred and violence." 

Julie-Ann McCaffrey and Michael King, both Solicitors who work for Cleaver Fulton Rankin in Belfast, , were delighted to have been recently invited to judge at the 12th Annual International Academy of Dispute Resolution Mediation Competition hosted by the Law Society of Ireland in Dublin from

The Tournament aims to educate and promote mediation amongst young law students from all over the world. Along with Teams from the UK and Ireland, there were participants from numerous US States, India, Germany and Australia.

As a prize winning participant in the competition last year, Julie-Ann fondly remembers her experience as a competitor:

"Taking part in the tournament was an unforgettable experience. When I competed, I was fortunate enough to travel to Chicago and aside from the honour of winning a prize, I was delighted to have expanded my knowledge of mediation from talks by world-renowned mediators. This year as a Judge at the tournament, I could fully relate to the emotions that the students were experiencing."

Encouraged by her success in the Tournament, Julie-Ann has since become a dual accredited civil and commercial mediator. Her writing on the developments in mediation was also recently awarded the CEDR Tony Curtis Award for a Young Professional. This was an excellent result for what was tough competition with an excellent calibre of entrants

Although mediation has not yet reached the same heights in Northern Ireland as in the United States, solicitors should be conscious and open to mediation as a form of dispute resolution in order to fully advise clients of their options. The Northern Ireland Courts are now actively encouraging mediation and the courts have a discretion under the inherent jurisdiction to penalise in costs where a party has unreasonably refused to mediate.

Michael explains that "mediation is becoming one of the most popular forms of dispute resolution in the UK. In many cases, we are increasingly suggesting mediation as a potential alternative option to our clients. Our solicitors have in depth and varied experience of representing clients at mediations. Several members of our team are trained as mediators."

Both Julie-Ann and Michael were impressed by the standard of the students in the competition and believe that it is an encouraging sign of the future of mediation.

Can Foreign Lawyers "Fly-in and Fly-out" for Arbitration in India?

Can Foreign Lawyers "Fly-in and Fly-out" for Arbitration in India?

India had been maintaining a "ban" on foreign lawyers practicing law in India since 1960, so as to protect her domestic legal economy[1]. On a landmark ruling[2] Madras High Court held that, though foreign lawyers or law firms cannot practice law in Indian Courts, unless until they enroll as an Advocate under the provisions of Advocates Act, 1961 (hereinafter referred as "the Act"), they can't be restricted from conducting arbitration proceedings or providing outsourced services such as consultancy.

In its latest development, Honourable HC of Madras while disposing a writ petition seeking action against foreign law firms and foreign lawyers illegally practicing in India and to forbear them from doing litigation as well as non-litigation commercial transactions, held that, neither the Act nor the Bar Council Rules restricts foreign lawyers or law firms to visit India for temporary period to advise their clients. Foreign lawyers must limit their representation only on international legal issues and can only "fly in fly out" on a temporary basis.

However, the issue reached before the Honourable Supreme Court through a Special Leave Petition[3] (SLP) filed under Article 136 of the Indian Constitution by Bar Council of India (BCI), where it passed an Interim Order that, Foreign Law Firms cannot practice in Indian Courts. Further, apex court directed Reserve Bank of India (RBI) not to grant permission to foreign law firms to set up their offices in India under Section 29 of the Foreign Exchange Regulation Act, 1973 (FERA).

As per the provisions[4] of the Act, only "Advocates"[5] are entitled to practice law in India. However, Supreme Court made it clear that, the expression "to practice the profession of law" under Section 29 of the Advocates Act, 1961, covers the persons practicing litigious as well as non-litigious matters; and therefore, to practice in non-litigious matters in India, the foreign law firms, by whatever name called or described, shall be bound to follow the provisions contained in the Advocates Act, 1961."

Further, Section 24(1)(c)(iv) lays down that subject to other provisions of the Act, a national of any other country may be admitted as an advocate on the rolls of the State Bar Council, if Indian citizens who are duly qualified are permitted to practice law in that other country. However, any country prevents Indian citizens from practicing the profession of law or subjects them to unfair discrimination in that country, then no subject of that country shall be entitled to practice law in India[6].

Hence, by applying the doctrine of harmonious construction, it is understood that, even foreign nationals be admitted as Advocates under the Act, subject to the fulfillment of eligibility criteria[7]. Therefore, court is bound to consider the language and mandate of these provisions before the final disposal of the issue.

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 Further to the on-going saga of development of arbitral institutions in China,on Thursday 11 April 2013, a press conference was held in Shanghai to announce the establishment of the Shanghai International Economic and Trade Arbitration Commission ("SIETAC" or 上海国际经济贸易仲裁委员会). SIETAC is also to be known as the Shanghai International Arbitration Centre ("SHIAC" or 上海国际仲裁中心).  The official logo of the new organisation uses "SHIAC" for short.

Accordingly to the official announcement of the SHIAC:

• Upon the approval by the Shanghai Municipal Government and agreed by the Shanghai Commission for Public Sector Reform, the China International Economic and Trade Arbitration Commission Shanghai Sub-commission ("CIETAC Shanghai") has officially become the SIETAC.  It will also use the SHIAC concurrently as the official name.
• The SHIAC has promulgated new versions of Arbitration Rules, as well as Panel of Arbitrators, which will be effective in about two weeks' time, as from 1 May 2013.
• The SHIAC accepts cases upon agreement between parties to arbitrate by (1) SIETAC, (2) SHIAC, as well as (3) CIETAC Shanghai.

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"One of the key findings of the research is this trend in specialist counsel being brought in-house. In part, this is down to a cost-control measure but it will also serve as a real vote of confidence in [international arbitration] as these firms recognise the value in having arbitration specialists embedded more within their multinational businesses," said Gerry Lagerberg, PwC's head of international arbitration.

Arbitration can be costly, but is also the preferred method of resolving cross-border disputes for major companies, the research shows. Construction companies particularly warm to it, with 84 per cent of respondents from the sector reporting to PwC that international arbitration was suited to the kinds of disputes they faced.

International arbitration is an increasingly popular method of resolving cross-border disputes for big business and governments. Unlike traditional courts, proceedings are private and settlements confidential, making them particularly attractive for sensitive disagreements. Arbitration tends to be quicker than traditional litigation because decisions tend to be binding and not open to appeal.