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ADR-Mediation-Arbitration. Handling an ADR dispute isn't an easy chore.

ADR-Mediation-Arbitration

On the contrary, it's one of the most tedious and daunting chores. During the mediation process, you're likely to lose most of the points. Perhaps, you've to stay content with minimal compensation. Maybe, you enjoy a better settlement but lose the other party's confidence. All such situations could take a heavy toll on your life. To avoid any such scene, you need persistent support. He could come up with a much better settlement idea that's acceptable to both parties. Counting Down to ICCA 2020 Edinburgh - ICCA. As the 25th biennial ICCA Congress in Edinburgh, Scotland draws near, ICCA would like to remind Congress delegates and ICCA Members of the myriad events and networking opportunities to enjoy, as well legal landmarks to visit, in Edinburgh between 10 – 13 May 2020.

Counting Down to ICCA 2020 Edinburgh - ICCA

Our Host City Upon your arrival in Edinburgh, be sure to visit the city’s impressive collection of historic legal landmarks. A vibrant metropolis at the heart of the Scottish judiciary, Edinburgh’s UNESCO World Heritage Site status means that the city’s rich legal history has been perfectly preserved and can be easily accessed from the ICCA 2020 Congress venue.

ICCA-IBA Joint Task Force on Data Protection Releases Consultation Draft of ICCA-IBA Roadmap to Data Protection for Public Comment - ICCA. The ICCA-IBA Joint Task Force on Data Protection in International Arbitration is pleased to announce the release of the consultation draft of the ICCA-IBA Roadmap to Data Protection in International Arbitration for public comment.

ICCA-IBA Joint Task Force on Data Protection Releases Consultation Draft of ICCA-IBA Roadmap to Data Protection for Public Comment - ICCA

While most data protection laws are mandatory in arbitration proceedings, they do not address how they should be applied to arbitration. In the absence of specific guidance from regulators, the ICCA-IBA Roadmap is intended to help arbitration professionals identify and understand the data protection and privacy obligations to which they may be subject in an international arbitration context. It is also accompanied by a set of Annexes that provide greater detail, practical information, and checklists, as well as examples of data protection notices and a sample data protection protocol. Professor Tang Houzhi (1925 - 2020) - ICCA. It is with great sadness that ICCA marks the passing of ICCA Advisory Board Member Professor Tang Houzhi on 2 March 2020 at the age of 95.

Professor Tang Houzhi (1925 - 2020) - ICCA

With him, the international arbitration community mourns the loss of a true pioneer, a leader in his region of the world and internationally. Professor Tang was a long-standing Member of the ICCA leadership body, serving on ICCA’s council until 2000 and as an Advisory Board Member since then. Professor Tang’s academic career included posts as Professor of Law at the People’s University of China, visiting Professor of Amoy Unviersity School of Law, and an honorary Professor of Hong Kong City University School of Law. V. V. ('Johnny') Veeder, Q.C. (1948 - 2020) - ICCA. It is with great sadness that we announce the passing of ICCA Advisory Board Member V.

V. V. ('Johnny') Veeder, Q.C. (1948 - 2020) - ICCA

V. (‘Johnny’) Veeder, Q.C. on 8 March 2020. A remarkable and beloved member of the ICCA community and wider international arbitration community, Johnny’s generosity of spirit and profound kindness will be felt through our ranks for years to come. Following studies at Clifton College, Bristol and Jesus College, Cambridge, Johnny was admitted to the English Bar in 1971 and took silk in 1986. Throughout his extensive career, he earned himself the title of one of the world’s most sought-after arbitration specialists, practising as an advocate and arbitrator in arbitration proceedings across the globe.

ICCA President Gabrielle Kaufmann-Kohler paid tribute to Johnny Veeder, saying “With Johnny’s passing, we say goodbye to a truly exceptional human being and a remarkable arbitrator and jurist, as well as a radiant personality.” ICCA 2020 Congress in Edinburgh Postponed - ICCA. A message from ICCA President Gabrielle Kaufmann-Kohler Dear ICCA Members and Congress Delegates, The rapid spread of COVID-19 impacts our lives, as well as those of our families, friends and colleagues around the world.

ICCA 2020 Congress in Edinburgh Postponed - ICCA

José Luis Siqueiros (1924 – 2020) - ICCA. ICCA is deeply saddened to announce the passing of ICCA Advisory Board Member José Luis Siqueiros on 22 March 2020 at the age of 95, surrounded by family in a calm and peaceful environment.

José Luis Siqueiros (1924 – 2020) - ICCA

Remembered as the quintessential gentleman of arbitration, Mr. Siqueiros was recognised internationally for his extensive career and the kindness he showed to everybody he crossed paths with. A passionate arbitrator, Mr. ABA's 13th Annual Arbitration Institute. ABA's 13th Annual Arbitration Institute. Dates Confirmed for ICCA Edinburgh 2021 - ICCA. A message from ICCA President Gabrielle Kaufmann-Kohler Dear ICCA Members and Congress Delegates, Following the postponement due to COVID-19, ICCA and the Scottish Arbitration Centre are pleased to announce that the next ICCA Congress will take place from Monday 1 to Thursday 4 February 2021 in Edinburgh.

Dates Confirmed for ICCA Edinburgh 2021 - ICCA

We are delighted that we were able to secure dates in early 2021, allowing us to assemble safely, hopefully in large numbers, avoiding conflicts with other rescheduled events, and leaving enough time before the Hong Kong Congress. The Hong Kong Host Committee was consulted on the choice of these new dates. We are confident that the Edinburgh Congress will be a spectacular event. New Prime’s Early Legacy: Uber Drivers May be Able to Avoid Arbitration. The Third Circuit welcomed us to the fall arbitration season with an important decision for the gig economy, Singh v.

New Prime’s Early Legacy: Uber Drivers May be Able to Avoid Arbitration

Uber Techs. Inc., 2019 WL 4282185 (3d Cir. DEADLINE FOR COMMENTS ON THE CONSULTATION DRAFT OF THE ICCA-IBA ROADMAP TO DATA PROTECTION IN INTERNATIONAL ARBITRATION HAS BEEN EXTENDED UNTIL 31 MAY 2020 - ICCA. DOJ Turns to Arbitration in an Antitrust Case. Four weeks ago, the boundary between public enforcement and private dispute resolution became more blurred.

DOJ Turns to Arbitration in an Antitrust Case

On September 4, the Justice Department announced that it had agreed to binding arbitration on the key issue in a current merger case—the market definition. The enforcement action is garden variety. It challenges Novelis Inc.’s proposed acquisition of Aleris Corporation. According to the DOJ, the transaction would combine two of only four North American producers of aluminum auto body sheet, which automakers use to produce aluminum parts for automobiles. But the use of arbitration by the DOJ constitutes a novel use of the Antitrust Division’s authority under the Administrative Dispute Resolution Act of 1996, 5 U.S.C. § 571 et seq.

He went on to justify the experiment on both efficiency and accuracy grounds. The Latest Upload of the Yearbook Commercial Arbitration 2020 is Now Online! - ICCA. A Message from Prof. Stephan Schill, General Editor ICCA Publications This year’s second upload of the ICCA Yearbook is now available on KluwerArbitration.com. It features a total of 20 court decisions on the New York, Washington (ICSID) and Panama (Inter-American) Conventions, including four new decisions on the New York Convention from Korea as part of the update of Korean jurisprudence we commenced in 2018. Here are some highlights from this upload. ArbitrationNation Bookworm: Professor Jean Sternlight on Mandatory Arbitration. For the next installment of the Bookworm, I’m recommending a very recent article by Professor Jean Sternlight: Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?.

For anyone who isn’t already familiar with her work, Professor Sternlight has been at the forefront of thinking about adhesive arbitration for at least two decades. Her articles are at the bedrock of any critical appraisal of consumer, employee, and patient arbitration. Her 1996 piece, Panacea or Corporate Tool – Debunking the Supreme Court’s Preference for Binding Arbitration, defined, in many ways, the terms of the debate that’s been raging ever since. And her 2005 article, Creeping Mandatory Arbitration: Is it Just? ICCA Welcomes New President Prof. Lucy Reed - ICCA. Non-Parties Must be Physically in the Same Room as Arbitrators. I don’t mean to be imprecise, but I think that the Eleventh Circuit may have recently issued the most luddite opinion I’ve seen in a good long while. See Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 2019 WL 4464301 (11th Cir.

Sept. 18, 2019). According to the court, Section 7 of the FAA, which allows arbitrators to subpoena non-parties and their documents, must be interpreted narrowly. And when I say narrowly, the Eleventh Circuit isn’t joking around. Three Reasons Why Data Protection in International Arbitration Matters - ICCA. The ICCA-IBA Joint Task Force on Data Protection in International Arbitration has recently released the consultation draft of its Roadmap to Data Protection in International Arbitration for public comment. In this COVID-19 era, in which an increasing number of arbitration proceedings are making the shift online, sound knowledge of data protection is more essential to the field than ever. Task Force Co-Chairs Kathleen Paisley and Melanie van Leeuwen gave the ICCA Bureau three reasons why data protection in international arbitration matters.

Data protection is the law. The protection of personal data in international arbitration proceedings is mandatory law in most jurisdictions and a failure to comply carries significant potential penalties and risks. DoorDash TROs Signal a New Frontier in Mass Individual Arbitrations. Happy December! I hope that everyone has had a restful and well-earned holiday weekend break. There’s a lot of new and exciting stuff happening in the world of arbitration, and I have some catching up to do. I want to start, though, in an unorthodox place. We rarely write about early litigation actions on this blog, but there’s something very interesting happening in California.

A law firm there has taken action to protect its effort to engage in mass individual arbitrations on behalf of a large group of clients. Young ICCA Celebrates Its 10th Anniversary - ICCA. Arbitration 101: Uber and (a Failed) Equitable Estoppel Argument. Seems like I’m picking on the gig economy these days. I really don’t mean to be. V.V. Veeder QC Memorial Volume: ICCA Congress Series - ICCA.

More on Class Arbitrability, Even Though It's So Last Decade. Welcome to 2020! I hope that you all had a safe and rejuvenating holiday season. A new decade brings us plenty of new opportunities for thrilling arbitration news and developments! But, up first, more on class arbitrability. I know. I know. The Sterling Jewelers matter has found its way to the Second Circuit four times, so this isn’t exactly a “new” case.

The underlying dispute involves tens of thousands of female retail sales employees accusing Sterling of paying them less than men doing the same work. Back in 2010, an arbitrator concluded that 254 claimants could proceed with class arbitration under this agreement. ICCA Diversity and Inclusion Policy and Implementation Plan - ICCA. Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings - ICCA. Arbitration 101: Arbitrator Disclosures (and Repeat Players) ICCA's New York Convention Roadshow Goes Online - ICCA. A Report from ICCA Executive Director Lise Bosman. Cert Granted in a New(ish) Arbitration case —Henry Schein Part II.

Welcome back to ArbitrationNation after a pandemic and protests hiatus. I hope that you and your families are safe and that you’re confronting and coping with the injustices of our world. I’m glad to have a good reason to write about arbitration again. The Third Upload of the Yearbook Commercial Arbitration is Now Available Online - ICCA. W. Patrick McPhilamy III Law.