The third and final student paper I intend to share addresses the emergence of Islamic law in countries that are, or promise to be, important trade partners with western businesses. Read more »
My class in International Commercial Dispute Resolution at New York Law School is now finished, and each student was required to prepare a paper on a related topic of their choice. All were good, happily, and some students wrote on topics that readers of this blog may find useful. With their permission, I will post a few of them here over the next few weeks.
This paper, by Michael Martuscello, surveys the current state of business arbitration and mediation in Italy. Of the many curious aspects he discusses, it is noteworthy that the Italian legislature, not the courts or the business community, seems to be the main driver of ADR and the main advocate for encouraging its use by business. It is particularly interesting that, in compliance with the EU Directive, the legislature is ramping up a series of requirements that should make a big impact on the way business disputes are handled in the future — resulting perhaps in mediation rather than arbitration being the most practical way to address problems in a deal involving an Italian counterparty.
The text of the paper follows. Please note that the citations appear as Endnotes. Read more »
Enough time has passed since one of our Congressmen publicly accused our president of lying, to allow reflective rumination on the implications to ADR of disputants’ arguing the facts. Read more »
This final post from the Madrid IBA Conference concerns a panel of corporate users who were asked whether subject-matter competence was an important factor in selection of a mediator. Read more »