News : CIArb

Discrimination on the grounds of religion or belief, disability, age or sexual orientation when appointing arbitrators

Wed, 28 Jul 2010 18:56:08 +0000

CIArb's Practice and Standards Committee gives a commentary on the case of Jivraj v Hashwani.

CIArb Presidential Candidates

Wed, 28 Jul 2010 17:56:51 +0000

One of the agenda items at CIArb's Congress on 19 - 20 October this year will be the election of a Deputy President and a Vice President for next year.

Construction and Engineering London Legal Update

Wed, 28 Jul 2010 09:36:23 +0000

In this issue: Sub-Saharan Africa and international arbitration - how does that work? / Middle East Briefing: Arbitration and insolvency in Dubai / Extras / Competition law compliance / Tolent clauses, interest and the case of the Chinese curtain walls / Public procurement reviews / What’s been happening @ Mayer Brown? / Security for payment: bonds and guarantees – five pitfalls and protection against them / Remember frustration – force majeure’s English cousin? / Case notes.

Vietnam: New Arbitration law set to stem court disputes - Legal Business Online

Wed, 28 Jul 2010 03:05:25 +0000

A new law on arbitration due to take effect in January 2011 is set to change the flow of dispute settlements ...

Alternative Dispute Resolution

Tue, 27 Jul 2010 10:52:49 +0000

In most jurisdictions, litigation is governed by wide-ranging and detailed rules which almost invariably make it a complex, time consuming and expensive process. Very often arbitration is conducted on a similar basis and so suffers similar drawbacks. Alternative Dispute Resolution ("ADR") embraces a range of options, falling between litigation and arbitration on the one hand and negotiation on the other, for more dispute resolution which is potentially more effective.

Denial of natural justice defeats adjudication determination

Tue, 27 Jul 2010 06:23:38 +0000

Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (no.2) [2010] QSC 166 has just turned up the heat further for both adjudicators and claimants.

OUR VIEW: Family law overhaul welcome - BCLocalNews

Tue, 27 Jul 2010 01:07:26 +0000

Unfortunately, the government's plan to ask couples to prove they've discussed mediation or conflict resolution before going to court could save taxpayers ...

Sir John Dyson to address 3rd Mediation Symposium

Mon, 26 Jul 2010 11:45:36 +0000

CIArb is delighted to announce that its 3rd Annual Mediation Symposium will take place on Wednesday 27 October 2010.

The timing of an application to an ANB and the late issuing of an adjudicator’s decision

Mon, 26 Jul 2010 11:30:38 +0000

In recent years, there have been a number of court judgments concerning the enforcement of adjudicators’ decisions that have reviewed the circumstances in which an adjudicator’s decision is considered to be out of time and therefore unenforceable.

Goa to become intl arbitration destination: Moily - Times of India

Mon, 26 Jul 2010 01:28:27 +0000

PANAJI: Goa will get a paperless district court and an international arbitration centre, to make it the foremost destination of arbitration cases in India, ...

China Rejects US Suggestion for Asean Mediation on Territory - Wall Street Journal

Mon, 26 Jul 2010 01:06:01 +0000

BEIJING—Chinese Foreign Minister Yang Jiechi rebutted remarks by US Secretary of State Hillary Clinton at a recent forum on the competing claims for ...

Mufti plays role of mediator - Malaysia Star

Sun, 25 Jul 2010 02:49:01 +0000

But he may have stepped up to his most controversial role yet in offering himself as the mediator in forging peace and cooperation between Umno and PAS. ...

10 Top Tips To Avoiding Construction Payment Disputes - Fresh Business Thinking

Fri, 23 Jul 2010 08:45:54 +0000

Ensure that the Adjudication Clause does not say that you will have to pay the other party's and the Adjudicator's costs, whoever wins. ...

Arbitration

Thu, 22 Jul 2010 10:52:17 +0000

Many contracting parties pay scant attention to the content of an arbitration clause; many entities prefer to insert a standard arbitration clause into their contracts without particular attention to the nature of the contract and/or the context in which disputes may arise or will have to be resolved under the contract.

Confidentiality in mediations – A work in progress

Thu, 22 Jul 2010 01:00:00 +0000

Mediators often tell the parties at mediation that the mediation process is private and confidential. This may be reinforced by a mediation agreement, usually prepared by a mediator and executed by the parties that describe the mediation as “confidential”. What does confidentiality really mean? Is the confidentiality clause in the mediation agreement enforceable? In what circumstances will the Court treat the communications at (or documents created by a party for) a mediation as admissible? There are no easy answers to these critical questions.