Ask An Expert: Julian Copeman

julian-copeman

Julian Copeman, Managing Partner of Herbert Smith Freehills’ Greater China offices, discusses dispute resolutions trends, data and the increasing role of technology in resolving disputes.

 

 

 

 

What do you hope the GPC will achieve?

The intention for Hong Kong GPC was to bring together stakeholders from across the disputes market to discuss the issues that face parties at the front line of disputes in Hong Kong, and indeed over 200 people attended on the day. We gained rich and valuable data and from that, we are hoping, will reach some real and tangible recommendations for change.  Continue reading

Singapore Has Taken The Lead In Regulating Agreements To Mediate

singapore-dayIt is no secret that Singapore strives to be Asia’s dispute resolution hub. Today, it is one step closer to establishing itself as the leader in innovative mediation laws. On 10 January 2017, the Mediation Bill, which was proposed on 7 November 2016, was passed by the Singaporean parliament. Continue reading

Workshop On The Implementation Of The Mediation Directive

euflagI recently had the opportunity to attend a workshop on the implementation of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters (the Mediation Directive) that took place in the European Parliament on the 29 November 2016. Continue reading

Answering The Call For A New York Convention On Conciliation

telefonAlternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation.

The pursuit of such an instrument is motivated by the call for placing settlement agreements reached via conciliation/mediation on an equal footing as arbitral awards in order to promote the use of international conciliation/mediation. Continue reading

Ask An Expert: S.I. Strong

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S.I. Strong, Manley O. Hudson Professor of Law and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri and an international commercial arbitration specialist, speaks about her career and discusses the rise of international commercial mediation and the increase in multiparty arbitration.

What is your current role in dispute resolution?

As a full-time law professor and arbitrator, I would categorise myself as primarily an advisor.

I got involved in international dispute resolution my first year in practice in New York – I was very interested in private international and comparative law, but I didn’t want to go into transactional practice. My firm became involved in what was then the largest ICC (International Chamber Commerce) arbitration in history, and I had the opportunity to see how complex international arbitration was. From that moment, I was hooked.

In the last few years, I have also become interested in international commercial mediation, based on the work I am doing with the US State Department and UNCITRAL on the new proposed convention on settlement agreements arising out of international commercial mediations. Continue reading