A Creative Space for Resolution

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imagesEvidence has found that thinking creatively and resolving disputes is enhanced by environmental factors. This understanding is clearly reflected in the design of Conflict Change Consulting‘s new office in Hong Kong.  Its founder Sala Sihombing put careful thought into the impact of “light, color and design on productivity.”  This thinking has manifested itself in a beautiful open space that it at once calming and energizing, open and welcoming.  Have a look at some of the office photos here.

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New Chinese Mediation Mechanisms Discussed at AMA HK

photoDr. Liu Xiaochun, the Secretary General of the South China International Economic and Trade Arbitration Commission (SCIA) shared his observations on new mediation developments in China.  He described 7 general mechanisms available to parties:

1. Arb-Med-Arb which allows for the use of mediation during the course of arbitration proceedings at the parties or tribunals initiative. This has been used to settle over 20% of SCIA cases from 1993-2007.  In order to address the issue of compromised arbitrator neutrality in the event of a failed mediation, the 2012 SCIA rules allow parties to decide if the mediating arbitrator should resign from the panel.  Also, all opinions expressed during the course of the mediation can not be invoked in the subsequent arbitration hearings.  The SCIA arbitration panel is comprised of 232 arbitrators from 42 jurisdictions.

2. Mediation + Arbitration – via SCIA’s specialized mediation center followed by a separate arbitration process.  At present, the mediation panel consists of 242 members.

3. Chamber of Commerce Mediation + SCIA Arbitration – this is mediation targeted primarily to foreign investor disputes.

4. Exhibition Mediation + SCIA Arbitration – this method is used to resolve IP disputes arising at the Canton Trade Fair.  Since its inception, 622 disputes were resolved through this method between 2008-2013.

5. HK Mediation + Mainland Arbitration – is what the name implies – mediation in Hong Kong and Arbitration in China.  This provides for cross border enforcement of awards.

6. 4 in 1 Model – Mediation, Arbitration, Industry Specific DR, Administrative Regulation – used primarily in disputes between securities dealers and clients.

7. Non-Tribunal Facilitated Mediation – consisting of an alliance between Guandong/HK mediation entities.

 

Dr. Xu noted that he sees independent mediation and independent arbitration services as the emerging trend for future dispute resolution in Mainland China.

Upcoming Summer School on Transnational Dispute Resolution in Italy

For those interested in further honing your dispute resolution skills, the Università degli Studi di Milano (Italy) and Universidade Nova de Lisboa (Portugal) are jointly organizing the 2nd edition of the Summer School on Transnational Dispute Resolution.Image

The program will take place from 16 September 2014 in the beautiful settings of Palazzo Feltrinelli at Gargnano (Brescia), on the shores of Lake of Garda (Italy) and in the city of Lisbon.   The Summer School is structured in three different modules on Mediation, International Commercial Arbitration and Transnational Litigation respectively. The first and the second modules will be held in Gargnano and the third one in Lisbon.  More information on the program can be found here.

The course will combine theoretical lessons as well as practical and interactive sessions (seminars, workshops, simulations, mock trials), all held in English.

Prospective applicants should send in your application form along with your CV in English (max 2 pages) and an introduction letter to summerschoolmedarb@unimi.it on or before Friday, 30 May 2014.