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        <title>News : CIArb</title>
        <link>http://www.ciarb.org/news/</link>
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        <copyright>Copyright 2012</copyright>
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            <title>U.S. Supreme Court Reaffirms Support for Arbitration of Statutory Claims</title>
            <description><![CDATA[The U.S. Supreme Court, enforcing an arbitration clause, found that the &ldquo;right to sue&rdquo; language and the references to &ldquo;court&rdquo; and &ldquo;action&rdquo; in the federal Credit Repair Organizations Act were a &ldquo;commonplace&rdquo; means of referring to a cause of action but did not express the contrary congressional command needed to override the pro-arbitration philosophy reflected in the Federal Arbitration Act.]]></description>
            <link>http://ca.linexsystems.com/contents/transit/3764720?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
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            <pubDate>Wed, 01 Feb 2012 23:09:10 +0000</pubDate>
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            <title>The Jeffrey Elkinson interview</title>
            <description><![CDATA[<p><em><span class="caps">CIA</span>rb's new president Jeffrey Elkinson, <span class="caps">C.A</span>rb, took over from Doug Jones AM <span class="caps">FCIA</span>rb in January 2012. In an exclusive interview, the Bermuda-based arbitrator, litigator and mediator talks about the challenges ahead and what he hopes to achieve during his presidency</em>.</p>

<p>It's been a month since Elkinson took on the role of <span class="caps">CIA</span>rb president and one thing he is really enthusiastic about is <span class="caps">CIA</span>rb's training. "Our training is second to none. The feedback I get from people all over the world who have taken our courses is that they find them immensely enjoyable, educational and value for money."</p>

<p>Born in Ireland, Elkinson graduated from Trinity College Dublin and Kings' Inns Dublin with three law degrees. After practising as a barrister in Ireland and then Hong Kong, he moved to Bermuda in 1988.</p>

<p>His practice is in commercial litigation, arbitration and mediation. He specialises in banking, trusts, insurance and reinsurance, construction, administration law, telecommunications and energy. Referenced in all the leading legal directories, he is a partner in one of the world's leading offshore law firms, Conyers Dill and Pearman. So what does he see as the main challenges in the year ahead? </p>

<p>"Maintaining membership in the Institute in the current economic climate is going to be a big challenge this year," he says. "It is essential for members to be satisfied that <span class="caps">CIA</span>rb does something for them and is relevant to them."</p>

<p>Elkinson also wants to address the needs of the branches and their members, which are as diverse as the branches themselves.  "What they all have in common is that branch and chapter members don't get paid for the work they do, it is all voluntary," he says.  Having been Chairman of the Bermuda Branch for a number of years, he is keen to ensure a reciprocal understanding between HQ and the branches, so that branches work better, are able to relay to HQ what their needs are, whilst acknowledging that there are limits to what HQ can do for them.</p>

<p><span class="caps">CIA</span>rb's academic research is another area that Elkinson would like to build on. "The research we currently undertake remains a resource in development. I would like to see more expansion in this area, and in due course promotion of this side of the Institute's capabilities so that it will be an integral part of the benefits of membership and be part of the expansion of the Institute as a 'Learned Society'."</p>

<p>The international aspect of the role is something that Jeffrey is looking forward to, such as attending the <span class="caps">ICCA</span> Congress in Singapore in June, training in Hong Kong and a joint <span class="caps">LCIA</span>/ <span class="caps">CIA</span>rb event in Rio de Janeiro in November. This isn't surprising, considering he is a member of the Bars of Ireland, Hong Kong, New South Wales, Bermuda, England and Wales, New York and the Eastern Caribbean Supreme Court.  </p>

<p>"The world of international litigation and arbitration is a small one," he says.  "Wherever I have worked, I have always found that there is a community of interest with those who work in the area of dispute resolution, be it litigation or arbitration, and I am fortunate to have made many good friends all over the world who share this interest. Many of the best in the field are members of the Institute and that adds another layer of common interest."</p>

<p>And finally, what is his vision of the future?  "I would love to see the Institute go beyond its normal training locations and occasionally carry out training, perhaps on a 'pro bono' basis, in places where it would have immediate benefits to the people who live there, especially where the country has been ravaged by war or internal strife," he says.</p>

<p>"In such places, one of the first institutions that stops working properly or at all is the court system.  The need for alternative dispute resolution is critical as disputes need resolution to secure peace and harmony; <span class="caps">CIA</span>rb can give the relevant training and those who are trained can pass on the training to others." </p>

<p>He concludes: "This then would provide an interim measure and lay the groundwork for supplementing the court system as and when it resumes functioning. Hopefully the first of these initiatives will take place this year and the country identified and where contact has been made is Liberia - watch this space!"</p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/the-jeffrey-elkinson-interview.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/the-jeffrey-elkinson-interview.php</guid>
            
            <pubDate>Wed, 01 Feb 2012 10:46:22 +0000</pubDate>
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            <title>London Branch news update</title>
            <description><![CDATA[<p>It's been a busy few months for the London Branch. Read their latest news update here:</p>

<p><span class="mt-enclosure mt-enclosure-file" style="display: inline;"><a href="http://www.ciarb.org/news/pdf/London%20branch%20news.pdf">London branch news.pdf</a></span></p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/branch-news/london-branch-news-update.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/branch-news/london-branch-news-update.php</guid>
            
            <pubDate>Tue, 31 Jan 2012 16:58:03 +0000</pubDate>
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            <title>Abu Dhabi Inaugural Event - &apos;Hot Issues in International Commercial Arbitration&apos;</title>
            <description><![CDATA[<p>Read the full story here:</p>

<p><span class="mt-enclosure mt-enclosure-file" style="display: inline;"><a href="http://www.ciarb.org/news/pdf/Abu%20Dhabi%20Inaugural%20Event%20for%20website.pdf">Abu Dhabi Inaugural Event for website.pdf</a></span></p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/branch-news/abu-dhabi-inaugural-event---hot-issues-in-international-commercial-arbitration.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/branch-news/abu-dhabi-inaugural-event---hot-issues-in-international-commercial-arbitration.php</guid>
            
            <pubDate>Tue, 31 Jan 2012 11:44:05 +0000</pubDate>
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            <title>North West Branch Annual Dinner 2011</title>
            <description><![CDATA[<p>Read the full story here:</p>

<p><span class="mt-enclosure mt-enclosure-file" style="display: inline;"><a href="https://www.ciarb.org/members/pdf/NORTH%20WEST%20BRANCH%20ANNUAL%20DINNER%202011%20for%20website.pdf"><span class="caps">NORTH WEST BRANCH ANNUAL DINNER</span> 2011 for website.pdf</a></span></p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/branch-news/north-west-branch-annual-dinner-2011.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/branch-news/north-west-branch-annual-dinner-2011.php</guid>
            
            <pubDate>Tue, 31 Jan 2012 11:22:47 +0000</pubDate>
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            <title>Minister and Chapter discuss opportunities for ADR and the Scottish Arbitration centre in the energy sector</title>
            <description><![CDATA[<p><em>By Bob Shorter</em></p>

<p>Roseanna Cunningham, Minister for Community Safety and Legal Affairs met with Chapter chair Derek Auchie and representatives of the <span class="caps">CIA</span>rb Northern Chapter on 27 September 2011 in Aberdeen. They were joined by Andrew MacKenzie, Chief Executive of the newly set up Scottish Arbitration Centre.</p>

<p>The new opportunities presented by the Arbitration (Scotland) Act 2010 and Scottish Arbitration Centre were discussed. These included an emphasis on confidentiality, the distinctive and mature Scottish legal system, and lower costs of arbitration which can be achieved in Scotland.</p>

<p>Feedback to the Chapter from Oil &amp; Gas colleagues indicates a tradition of settling disputes in London via litigation and an assumption that arbitration is slow and expensive. <span class="caps">SAC </span>is working to change this perception now that Scotland has all the benefits of a modern statute underpinning arbitration.</p>

<p>The Minister very helpfully offered to support the chapter and <span class="caps">SAC </span>influence others to consider adopting arbitration to resolve disputes rather than litigation, and to do so in Scotland.</p>

<p>Thanks are due to Paull &amp; Williamson for providing the venue for the meeting.</p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/branch-news/minister-and-chapter-discuss-opportunities-for-adr-and-the-scottish-arbitration-centre-in-the-energy.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/branch-news/minister-and-chapter-discuss-opportunities-for-adr-and-the-scottish-arbitration-centre-in-the-energy.php</guid>
            
            <pubDate>Tue, 31 Jan 2012 10:43:42 +0000</pubDate>
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            <title>North American Branch (NAB) news</title>
            <description><![CDATA[<p>The North American Branch (NAB) has been extremely busy over the last few months, with two recent training programs in Montreal and Las Vegas attracting a total of seventy candidates from the United States, Mexico and Canada as well as such distant locales as The Netherlands, South Africa and Thailand.</p>

<p>On October 21, the <span class="caps">NAB </span>also co-sponsored a symposium at the University of Missouri featuring internationally-renowned author-arbitrator Gary Born as keynote speaker. The symposium, "Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration," brought together speakers and attendees from fifteen countries in Europe, Asia, Africa and the Americas.  </p>

<p>The <span class="caps">NAB </span>sponsored student writing competition in connection with the symposium, with the three top papers coming from the University of Cambridge (UK), the University of Missouri and Columbia Law School.<br />
  <br />
The <span class="caps">NAB </span>recently welcomed two new chapters.  The Montreal/Ottowa Chapter is led by Jacques S. Darche as Interim Chair, assisted by Eric Ouimet in Montreal and Mandy Moore in Ottawa.  The Rocky Mountain Chapter is led by Harry L. Arkin as Chair Emeritus, David B. Wilson as Chair, Stephen E. Smith as Vice Chair and James E. Nelson as Secretary.</p>

<p>In other chapter news, the Chicago Chapter hosted Lorraine Brennan, Managing Director of <span class="caps">JAMS</span> International, at a dinner meeting on November 14.  Members of the Chicago Chapter will also be serving as arbitrators/judges for the Vis Mini-Moot on February 18 at Loyola University Law School. The Loyola Mini-Moot is sponsored by the <span class="caps">NAB.  </span></p>

<p>The <span class="caps">D.C.</span> Chapter had two programs recently.  One, which was co-sponsored with <span class="caps">CPR</span> Institute and entitled "A Fresh Look at <span class="caps">ADR </span>for International Energy Construction Projects," was moderated by Judith Ittig, Chair of the <span class="caps">D.C.</span> Chapter. The second event was co-sponsored with the <span class="caps">D.C.</span> Bar's International Section and saw Professor Franco Ferrari discussing the selection of fora for international commercial arbitration.</p>

<p>In upcoming news, the Northern California chapter will help run the <span class="caps">CIA</span>rb table at the 2012 Institute for Transnational Arbitration Winter Forum in San Francisco on 3 February. The <span class="caps">NAB </span>is acting as a sponsor of the event. </p>]]></description>
            <link>http://www.ciarb.org/news/ciarb-news/branch-news/north-american-branch-nab-news.php</link>
            <guid>http://www.ciarb.org/news/ciarb-news/branch-news/north-american-branch-nab-news.php</guid>
            
            <pubDate>Tue, 31 Jan 2012 10:31:32 +0000</pubDate>
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            <title>ADR Developments: Ireland Implements a Mediation Directive and Brings Adjudication to the Party</title>
            <description><![CDATA[ADR has become an increasingly important and relevant mechanism for Irish businesses in resolving disputes.&nbsp; With ever-increasing focus on saving time and money and maintaining business relationships, continuing developments in mediation, prompt payment legislation for construction contracts and the introduction of a statutory footing for adjudication are to be welcomed.&nbsp;]]></description>
            <link>http://ca.linexsystems.com/contents/transit/3709331?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3709331?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Fri, 27 Jan 2012 14:42:16 +0000</pubDate>
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            <title>Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment (26 January 2012)</title>
            <description><![CDATA[Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment On 24 January 2012, the Court of Appeal handed down its keenly awaited decision in West Tankers Inc v Allianz SPA &amp; Generali Assicurazione Generali SPA [2012] EWCA Civ 27. It has upheld Field J&#039;s decision at first instance in which the court enforce]]></description>
            <link>http://ca.linexsystems.com/contents/transit/3702452?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3702452?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Fri, 27 Jan 2012 01:17:36 +0000</pubDate>
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            <title>Mediation Costs Not Recoverable by FDCPA Plaintiff, 11th Circuit Rules</title>
            <description>A consumer who prevails in a lawsuit under the Fair Debt Collection Practices Act cannot recover the expenses of a court-ordered mediation, a federal appeals court has ruled. The January 10 decision by the 11th Circuit Court of Appeals in Nicholas v. Allianceone Receivables Management, Inc</description>
            <link>http://ca.linexsystems.com/contents/transit/3669468?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3669468?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Tue, 24 Jan 2012 08:23:57 +0000</pubDate>
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            <title>Final Settlement Reached in Class Actions Against Premium SMS Sweepstakes</title>
            <description>NBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.</description>
            <link>http://ca.linexsystems.com/contents/transit/3667721?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3667721?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Mon, 23 Jan 2012 00:00:00 +0000</pubDate>
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            <title>New family mediation service launched</title>
            <description>Simpson Millar has launched a mediation service to help families and couples solve disputes in a sensitive and cost effective manner. January is notoriously a busy time for divorces but, through mediation, the process could be far less expensive than expected</description>
            <link>http://ca.linexsystems.com/contents/transit/3581785?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3581785?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Fri, 13 Jan 2012 09:32:00 +0000</pubDate>
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            <title>NLRB Rules that Requiring Employees to Waive Class-Wide Arbitration Constitutes an Unfair Labor Practice</title>
            <description>Labor and Employment Alert</description>
            <link>http://ca.linexsystems.com/contents/transit/3577427?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
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            <pubDate>Fri, 13 Jan 2012 05:26:59 +0000</pubDate>
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            <title>Farm debt mediation</title>
            <description>On 1 December 2011, the Victorian Government commenced the Farm Debt Mediation Scheme which makes it compulsory for creditors to offer mediation to farmers before commencing debt recovery proceedings on farm mortgages. The scheme covers any debt incurred by a farmer for the purposes of the conduct of a farming operation that is secured wholly [...]</description>
            <link>http://ca.linexsystems.com/contents/transit/3564837?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3564837?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Wed, 11 Jan 2012 19:21:00 +0000</pubDate>
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            <title>Family Dispute Arbitration Scheme Launches in February</title>
            <description><![CDATA[Divorcing couples who are unable to resolve financial matters by agreement will soon be able to use a new arbitration scheme as an alternative to litigation.&nbsp; Arbitration has long been a popular method for resolving commercial disputes and, for certain couples, arbitration will have many advantages over the alternatives]]></description>
            <link>http://ca.linexsystems.com/contents/transit/3538308?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</link>
            <guid>http://ca.linexsystems.com/contents/transit/3538308?user_id=78611&amp;log=e985bacc66c65470e9e79de9f725a422&amp;publish_id=</guid>
            
            <pubDate>Mon, 09 Jan 2012 14:06:45 +0000</pubDate>
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