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Features

Our monthly features from staff and contributors provide analysis and commentary on topical issues relating to ADR.

New FIDIC Provisions

It is sometimes easy for our industry to set aside the benefits of avoiding dispute before it gets started, so it’s a welcome sight to see progress, particularly in the second edition of the FIDIC “Red Book”.
12 June 2018 | Features

Dispute Resolution by a Fourth Party - An Overview

Traditionally, litigation is the Hulk of dispute resolution between two or more parties. Other alternatives such as mediation, conciliation and arbitration came into the scene as a disruption to the rigidity of litigation.
12 June 2018 | Features

A New Era For Arbritration in the UAE

Leonora Riesenburg FCIArb, Chair of the UAE Branch of the Chartered Institute of Arbitrators, International Arbitrator, Certified Commercial Mediator talks about the New UAE Federal Arbitration Law.
12 June 2018 | Features

Non-Signatories In International Arbitration Disputes

Mag. Georg Gutfleisch looks at how the principle of 'party autonomy' is one of the key aspects to almost every major international commercial arbitration debate.
10 May 2018 | Features

ADR at the Turning Point

As ADR starts to manage disputes at lower costs with greater speed, Tony Guise looks at what technology might hold for the future.
9 May 2018 | Features

Ontario Court of Appeal confirms high bar for reversing arbitral awards under the UNCITRAL Model Law

Canadian public policy endeavours to limit judicial intervention when parties have contractually agreed to resolve disputes by arbitration. Lauren Tomasich and Eric Morgan of Osler Hoskin & Harcourt LLP highlight a case which affirms this.
2 January 2018 | Features

Can you insist on your day in Court? The dangers of refusing to mediate

Tom White and William Glynn of Clyde & Co LLP provide comment on the implications of recent Court decisions on parties contemplating the merits of engaging in alternative dispute resolution (ADR).
2 January 2018 | Features

A framework for evaluating the best arbitral seats

Identifying the seat of arbitration, the home legal system, is one of the most important features of an arbitration clause, writes Professor Janet Walker C.Arb.
30 November 2017 | Features