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”.
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.
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.
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.
As ADR starts to manage disputes at lower costs with greater speed, Tony Guise looks at what technology might hold for the future.
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.
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).
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.