International ADR News
November 2013
In This Issue
Upcoming Events
Quick Links
International Dialogues on Migration held in Athens, Greece, April and October 2013
EU Parliament questionnaire on effective mediation policy
Ruminations on the Singapore Mediation Lecture 2013...Lord Woolf
When silence is golden: the High Court confirms the primacy of the "Dallah principle"
Book Review:...PEACEBUILDING IN COMMUNITY COLLEGES
The New 2013 Hong Kong Administered Arbitration Rules
Updates on Investor State Disputes
Upcoming Events

   

November 11-12, 2013
Masterclass - Delay, Dispute Resolution and Management of Construction Contracts

Muscat, Oman  

for more information 

 CLICK HERE 

 

November 15, 2013
Roundtable - New Directions in Global Negotiation and Dispute Resolution

Washington University 

St. Louis, MO  

for more information 

  CLICK HERE   

 


  The London Court of International Arbitration

 

Conference Schedule 

 

  CLICK HERE  

 

 

Events and Conferences run by CIArb across the globe.

 

 

 CLICK HERE

February 7-12,  2014
9th ICC Commercial Mediation Competition
Paris, France

 

To register 

 CLICK HERE  

 

 

 March 19, 2014   

1st Workshop on the new ICC Mediation Rules

 

Paris, France

 

 

  CLICK HERE!     

 

 


 

 

 





Quick Links


ValentiLaw.com

 

 Just Appease Me (Blog)

 

 Chicago Mediator Daily (Newsfeed)

 

 Valenti Law Daily (Newsfeed)

 

 

Featured Article


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International Dialogues on Migration held in April and October 2013
Greek flag
Athens Migration Dialogue
 

In a collaborative effort between Mediators Beyond Borders International and The Hellenic Mediation and Arbitration Centre, dialogues were held  in Athens, Greece on April 27th  and again on October 5th.  The partnership was created to build the capacity of local communities in Athens to design, organize and conduct dialogues that address difficult and dangerous issues such as immigration.  

 

With the training and dialogue in April, followed by supplemental training in July, the October training resulted in the Newly trained Greek facilitators taking over the process for the October dialogue.   

 

Comments from the October participants included: 

  • New entries into group gave new energy - brought something new
  • Depth and complexity of the reports was good. Also the fact that some of the presenters were immigrants
  • High-level team spirit
  • Goal achieved: all better than previous time
  • Grateful for experience
There will be another series of trainings and dialogues in April and October 2014.  

 

 

    

 Website: Athens Migration Dialogue

 Facebook Page

 

 

 

 

 

EU Parliament questionnaire on effective mediation policy

    

 

 

This three-part questionnaire was created to gather information about mediation legislation for civil and commercial cases in EU member states, and to uncover why mediation is not being used as much as expected. Based in part on the answers to this questionnaire, a report is going to be presented to the European Parliament by the end of November with a series of proposals to foster mediation use across the Union (IP/C/JURI/IC/2013-062).

In particular, Part I aims to gather your estimate of the current mediation market in your country. Part II is a quick assessment of the existing law in your country. Part III includes a list of legislative solutions (Part IIIA) and non-legislative proposals (Part IIIB) for you to assess in terms of their ability, or inability, to make more mediations happen in your country.

Responding to the questionnaire is easy. It simply asks you to choose among existing options or to rank a number of proposals. If your preferred answer is not listed amongst the options, please choose the closest answer to the situation in your country. Please only use the option of "Other" if the situation in your country is radically different from any of the three designated options presented.

Your responses to the questionnaire are very important to us, and will be kept confidential.

 

To Participate Click Here  

 

 

 

 

 

Ruminations on the Singapore Mediation Lecture 2013 

   

 
Lord Woolf
Lord Woolf

 

"On 10 October 2013, Lord Woolf delivered the Singapore Mediation Lecture 2013 to a packed auditorium. The second lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School of Law and Harry Elias Partnership. The inaugural Singapore Mediation Lecture was held in 2012 and the speaker was former president of Singapore, Mr. S R Nathan."

 

 

Click here to read entire article 

 


When silence is golden: the High Court confirms the primacy of the "Dallah principle"
In The London Steam Ship Owners Mutual Insurance Association Ltd v. the Kingdom of Spain [2013] EWHC 2840 (Comm), the High Court concluded that the "Dallah principle", i.e. the principle that a person who denies being a party to an arbitration agreement has no obligation to participate in the arbitration or take any steps in the country of seat even when the arbitral tribunal has ruled positively on its own jurisdiction, is of fundamental importance and should not be easily circumscribed.

 

To read complete article on Lexology 

 CLICK HERE  

 

 

Book Review:
PEACEBUILDING IN COMMUNITY COLLEGES

A Teaching Resource
Edited by David J. Smith
David J. Smith, an educational consultant who teaches at George Mason University's School for Conflict Analysis and Resolution, and a former senior program officer at the U.S. Institute of Peace, believes that peace building works to promote an environment where human rights are protected, humanitarian efforts are successful after conflict, health needs are met, broad-based education is provided, and, over all, people are allowed to live their lives free of violence and conflict.

Smith, and his colleagues have assembled a thought provoking text that will change the way you think about how and where we educate future peace builders. While global learning is now recognized as valuable across the entire spectrum of education, Smith argues that community colleges are uniquely positioned to make a difference. He makes a strong case supporting his position that studying peace building can be a great tool for global education. Community colleges' use of interdisciplinary  teaching models are a , threading a pressing global issue throughout many aspects of college life can have powerful educational outcomes.

With contributions from 23 community college professionals, the book serves as a guide to creating innovating and engaging peacebuilding and conflict resolution programs-as well as an argument that community colleges are uniquely suited to teaching global awareness and community building.

 

"Community colleges are trying to make sense of what their role is in a globalized world," Smith says. In addition, these courses tend to be of interest to the diverse student population at most community colleges.  

 

The peacebuilding field consists of peace student and conflict resolution. The differences between the two, Smith says, is that conflict resolution deals with negotiation and observation skills training, while peace study deals with a global problems, like wars, and famine.

 

 

In "Peacebuilding in Community Colleges,"  David Smith underscores the importance of community colleges in strengthening global education and teaching conflict resolution skills. Enlisting contributions by twenty-three community college professionals, Smith has created a first-of-its-kind volume for faculty and administrators seeking to develop innovative and engaging peacebuilding and conflict resolution programs. Through case studies, how-to's, sample syllabi and course materials, and inspiring anecdotes, contributors draw on learner-centered strategies, experiential learning, and interdisciplinary relationships to teach practical skills and strengthen global connections.

 

To Purchase"Peacebuilding in Community Colleges":  CLICK HERE


 
The  New 2013 Hong Kong International Arbitration Centre
(HKIAC) Administered Arbitration Rules




The HKIAC has updated its popular rules for administered arbitration. The 2013 Rules, which come into force on 1 November 2013, address arbitrator remuneration and appointment, multi-party and multi-contract situations,expedited procedures as well as emergency arbitrators. With these changes, parties in complex cross-border disputes will likely continue to choose Hong Kong as a cost-effective, state of the
art jurisdiction for international arbitrations.

To Download Rules Click Here




Updates on Investor State Disputes

Ali Nouraei

Barrister and Mediator

Director of The Neutral Corner LTD

Newcastle upon Tyne, UK

  

  Investor-State Dispute Resolution has been evolving, with States such as Australia shunning Investor-State Arbitration clauses in International Investment Agreements, and calls from US Legislators to the Negotiators of the Trans-Pacific Partnership to reject Investor-State Dispute Resolution Read Article

Indeed, even within Investor-State arbitration proceedings, alternatives to arbitration are increasingly popular, with the International Centre for Settlement of Investment Dispute reporting that 38% of their arbitration proceedings under the ICSID Convention and Additional Facility rules in 2012 were either settled or discontinued.

 

 

Given this impetus for reform, the International Bar Association in October 2012 unanimously approved and adopted a new set of 12 rules governing mediation in investor-state disputes. This has led to an increase in discussion about the use of mediation in Investor-State disputes, a prominent example of which can be found at the Kluer Arbitration Blog:

"Mediation of Investor-State Disputes: Revisiting the Prospects"

By Jean E. Kalicki, Arnold & Porter LLP

Read Article

 

Readers might also find of interest, "A Rethink of Investor-State Dispute Settlement," by Munir Maniruzzaman at the University of Portsmouth, for a general discussion about the developments driving change in Investor-State Dispute Resolution:

 Read Article

 

 


 

 

In an effort to recognize the specialization in the ADR community, we are creating 3 separate newsletters broadly covering these areas:  Mediation - Arbitration - International ADR.  
 
A newsletter focused in one of those areas will be sent out bi-monthly.  In order for you to subscribe to as many types of newsletters that fit your particular practice/interests, please click on the Update Profile/Email Address link at the bottom of this email. From there you will be able to select which newsletters you wish to receive or if you would like to opt out all together.
 
Thank you for reading my newsletter, and as always, if you have any questions on any of the articles listed, do not hesitate to contact me.

 

Sincerely,

 


Thomas Valenti
Thomas P. Valenti, P.C.

300 N. LaSalle St., Suite 4925

Chicago, IL 60654-3406
T: 312-803-0472
F: 888-667-2485