Arbitration

SVAMC Publishes Tech List

The Silicon Valley Arbitration & Mediation Center (SVAMC) is a non-profit institution serving the global technology sector through educational programming and related activities. The center promote sefficient and effective technology dispute resolution, which includes using arbitration and mediation to resolve business disputes. Not only are they promoting efficient and effective technology dispute resolution, but they also provide information on arbitrators and mediators. Annually, SVAMC publishes a list featuring the Worlds Leading Technology Neutrals (the Tech List). This year’s Tech List was released at the end of January, naming 49 professionals based in key markets around the globe including Silicon Valley, New York, Hong Kong, Paris, Rio de Janeiro and Sydney.

The Tech List is composed of individuals that understand the world of technology. It is limited to qualified arbitrators and mediators in the US and globally and these individuals are seen as having significant experience and skills. In recent years there has been an increasing emphasis on diversity listing eight female neutrals this year, up from six in the 2017 list.

Keeping up with the tech industry

Arbitration has become increasingly important in the world of technology when it comes to business disputes. Technology is a fast growing industry and is a huge part of the world’s economy. The use of methods such as mediation and arbitration to resolve a dispute is becoming more popular in an ever-evolving technology-based society. On top of that, being able to select neutral arbitrators and mediators is essential and the list also acts as a roster for law firms, corporations and ADR intuitions to use.

When it comes to Arbitration, it is essential for arbitrators to be neutrals. The Tech List is compromised of neutrals, this means that they are individuals with not only the knowledge and understanding of technology, but they are independent and impartial. Independence and impartiality helps with the notion of equality of the parties. Neutrality helps prevent the arbitrator or mediator from being biased towards one party over another. Neutrality is related to the nationality of the arbitrator. In addition to being independent and impartial, an arbitrator is also seen as neutral when his/her nationality is different from the parties.

Growing arbitration trend

Organizations like SVAMC see the benefit of arbitration over litigation when working through disputes in the technology sector. Law firms, corporations and ADR intuitions can use SVAMC and The Tech List to their benefit in order to find a resolution that is not costly like litigation.

Gary L. Benton, Chairman of SVAMC, said in a statement: “Technology companies in Silicon Valley and beyond struggle with expensive, high-stakes court battles that leave them with less-than-satisfying results. Arbitration offers an attractive alternative, particularly when the confidentiality of trade secrets or other business information is critical to one or both parties. The ability to enforce international awards is particularly attractive to the growing number of technology companies that operate globally.”

With the growing number of technology companies that operate globally, SVAMC is an organization that continues to expand representation of neutrals from all around the world. Maria Chedid a partner with Baker Mckenzie in San Francisco added that “I have been impressed with both the progress and new initiatives launched by SVAMC over the past year.” SVAMC and the Tech List are known for being able to craft business-practical legal solutions in the world of technology.

Written by Erica Miller.

Posted by Erica Miller in ADR, Arbitration, Technology, 0 comments

ADR in South Africa: A Brief Overview

Some of the challenges that have faced many countries in Sub-Saharan Africa in the administration of justice can be attributed to the over-reliance on the courts in the resolution of all forms of disputes, even where other forms of dispute resolution would have been more appropriate. South Africa has one of the fastest developing alternative dispute resolution (ADR) systems in Africa. This can be partly credited to the numerous NGOs financed by donors who undertook ADR efforts throughout South Africa before the transition of government during apartheid. One of the most notable NGOs that facilitated ADR mechanisms, is the Independent Mediation Service of South Africa (IMSSA). Read more

Posted by Petrina Ampeire in Access To Justice, ADR, Arbitration, Mediation

Ask An Expert: Laura Benedetto

Laura_Benedetto.jpgLaura Benedetto, Secretary General of the Florence Chamber of Commerce in Italy,  speaks about expanding the Florentine disputes landscape, international mediation and educating the legal and business community on the range of processes available.

What made you specialise in dispute resolution?

I’ve been serving as Secretary General at the Florence Chamber of Commerce since 2011. The Florence Chamber of Commerce has been promoting and investing in ADR tools since the 1970s, when almost nobody in Italy knew these processes.

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Posted by Natasha Mellersh in ADR, Arbitration, Ask An Expert, Education, Mediation

The London GPC – Time For Change

marlon-maya-44935.jpgLast week’s London event marked the grand finale of the GPC Series, which has taken place on six continents and 29 cities since April 2016, collecting groundbreaking data on the behaviour and perceptions of stakeholders in dispute resolution across the globe. Taking place in the historical Guildhall building, built upon centuries of ‘dispute resolution’ above the Roman amphitheatre – where conflict was perhaps resolved in a more brutal way than today.

The event began with an introduction by online dispute resolution advocate Lord Justice Briggs, who has consistently pushed for technological reforms in the courts of England and Wales, especially in regards to resolving disputes. In addition Dr Andrew Parmley, Lord Mayor of London (Mayor of the City of London), gave a moving speech on London’s rich multicultural history – stating that London will remain a global city and an international hub for the legal community undeterred by Brexit.

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Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration, Dispute Management, Education, LOC Coverage, Mediation, Negotiation, Technology

Facilitating Settlement – The Changing Role Of The Arbitrator

pablo-garcia-saldana-94058One of the most valuable aspects of the GPC is the rich amount of data it accumulates. A recently published article in the Fordham International Law Journal analyses the data of the 2016 GPCs in terms of the parties’ interest in collaborative dispute resolution methods within adversarial proceedings. Klaus Peter Berger and J. Ole Jensen suggest the facilitation of settlement between the parties within arbitral proceedings as an important means of maintaining and increasing the attractiveness of international arbitration.

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Posted by GPC Series in ADR, Arbitration

Ask An Expert: Eric De Brabandere

EdB PhotoEric De Brabandere, Professor of International Dispute Settlement at the Grotius Centre for International Legal Studies at Leiden University and Attorney-at-Law at Lexlitis Ghent, discusses legal education, international dispute settlement and the rise of international arbitration.

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Posted by Natasha Mellersh in Arbitration, Ask An Expert, Education

Ediscovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

steven-wei-124690

At a recent conference in Hong Kong, attendees were asked about how to improve the dispute resolution process for all parties. Data generated from a live, technology-enabled poll of the audience led to a thought-provoking discussion on the priorities and limitations to innovation in the dispute resolution process, specifically in Hong Kong.

Panelists and attendees agreed that the region currently has a quite low-tech experience, and some of the biggest obstacles attorneys face when seeking to resolve commercial disputes are financial and time constraints. Read more

Posted by Abigail Cooke in Arbitration, Comment, Dispute Management, Technology

Why A GPC Event Is Like No Other Conference You’ve Attended

clint-adair-68588With around half of the Global Pound Conference (GPC) events now behind us, well over a thousand delegates have experienced for themselves attending a GPC event. So what’s it like? Put simply, the experience is unlike any other dispute resolution conference you’ll have attended. No dozing at the back of the room as dry speakers work painfully through drier legislative changes. No quiet catching up on your emails as you wonder what will be for lunch.

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Posted by Alexander Oddy in Access To Justice, ADR, Arbitration

The Hong Kong GPC – Mediating Commercial Disputes

Hong Kong harbourThe Hong Kong Global Pound Conference took place on 23 February 2017 and saw over 200 delegates – judges, commercial parties, corporate counsel, arbitrators, mediators, dispute resolution institutions, government officials and academics – come together to identify trends and cultural preferences in a way that had not been possible through previous studies. Read more

Posted by Anita Phillips, Julian Copeman and May Ta in ADR, Arbitration, LOC Coverage

Investment Arbitration And Financial Products

buildings.jpgUnanticipated disputes can sometimes arise when private companies conduct business in a foreign country. However, foreign investors are granted substantive protections through bilateral investment treaties (BITs), therefore in many cases these companies will opt to resolve such disputes through an investor-state arbitration in order to protect their investment.

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Posted by Duarte Henriques in Arbitration

Celebrating International Women’s Day: Battling Unconscious Bias At Work

mike-wilson-162526As the world celebrates International Women’s Day through a wide range of activities, the central theme this year covers women at work. The UN has published a comprehensive infographic on gender disparity globally, highlighting the low proportion of women in leadership positions. An issue not unique to a particular industry, including law.

What is particularly striking in the field of dispute resolution, is the under representation of women in international arbitration. But what are the barriers to women becoming successful international arbitration practitioners? Read more

Posted by Natasha Mellersh in ADR, Arbitration

Asia, Arbitration And Third Party Funding

HK skyline.jpgHistorically, third party funding has been prohibited in many Asian jurisdictions, including the busy litigation markets of Hong Kong and Singapore. However, recent changes to regulations on third party funding in both jurisdictions are likely to be a further boost to the region, which has already become popular destination for arbitration – overtaking many traditional competitors. Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration