Collaboration — a practice so often touted by the world’s leading ADR organizations — is too seldom practiced by those organizations themselves.
Therefore it is with great pleasure that I note a conference in February being jointly conducted by the ICC and the CPR Institute. Read more »
Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome. Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration he is. Both his intellect and his physical energy make having a cup of coffee like saying hi to a tornado. His recent e-mail proves no exception. Read more »
Some time ago I brought to readers’ attention a case holding that an attorney who was alleged to have committed malpractice during a mediation could not be sued because confidentiality barred the introduction of evidence of the attorney’s behavior during the mediation.
Now we have the arbitration side of the coin: A party that engaged an arbitrator to render a final and binding award, and that participated in a series of evidentiary hearings, has no recourse when, at the end of the last hearing, the arbitrator declines to issue an award on the ground that he has become “too compassionate towards both sides.” The full text of the January, 2010 decision of the California Court of Appeals may be found here. Read more »
I had written here in anticipation of the March 29, 2010, Joint Symposium on International Investment Law and ADR, held by UNCTAD and the Washington and Lee School of Law. It was a smashing and impressive success, due to the remarkable convening powers of hosts Susan D. Franck of Washington and Lee and Anna Joubin-Bret of UNCTAD. My expectations were very high, and predictably they were variously exceeded and frustrated. Even among the Great and the Good, and despite a truly inspirational White Paper that preceded the Symposium, we are still a long way from dealing with international investor conflicts as if they were a “problem” and not a “case.” Read more »