The ICC Commission on Arbitration and ADR has published guides on “Effective Conflict Management” and “Facilitating Settlement in International Arbitration”

 This ICC Commission on Arbitration and ADR (Commission) brings together global experts and practitioners in the field of arbitration and ADR, with currently over 1,300 members from some 100 countries. Amongst other things, it seeks to develop tools for efficient and cost-effective dispute avoidance and settlement by means of arbitration, mediation, expertise and dispute boards … Read more

Upcoming Webinar: Attitudes to Compulsory Mediation in Arbitration and Litigation

On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on compulsory mediation in arbitration and litigation. The recent LCAM-HSF survey on attitudes to compulsory mediation sought respondents’ views on whether a form of compulsory mediation … Read more

LCAM-HSF SURVEY ON COMPULSORY MEDIATION

Following the success of the 2020 LCAM-HSF Mediation in Arbitration survey, we are delighted to announce that Herbert Smith Freehills is again joining with the London Chamber of Arbitration and Mediation to conduct a new study on attitudes to compulsory mediation in litigation and arbitration. Read more

ECUADOR INTRODUCES REGULATIONS TO ITS ARBITRATION AND MEDIATION ACT

After rejoining the ICSID Convention in June 2021, Ecuador has made a further contribution to the growth of international arbitration within its borders. On August 18, 2021, President Guillermo Lasso issued Executive Decree No. 165-2021, introducing the Regulations to the Arbitration and Mediation Act (the “Regulations”). Ecuador’s Arbitration and Mediation Act was originally enacted in … Read more

ICSID RELEASES REVISED PROPOSED MEDIATION RULES

On 15 June 2021, the International Centre for the Settlement of Investment Disputes released its latest working paper as part of its Rules Amendment Project. In addition to proposing changes to the ICSID Convention and ICSID Additional Facility arbitration and conciliation, as covered in our earlier blog post, Working Paper 5 also refines the proposed … Read more

Update: Singapore extends third-party funding framework to domestic arbitrations and SICC proceedings

From 28 June 2021, Singapore will permit third-party funding of domestic arbitration proceedings, proceedings in the Singapore International Commercial Court (SICC) and related mediation proceedings. Before this, Singapore permitted third-party funding for international arbitration proceedings and related court and mediation proceedings only (as reported in our blog post of January 2017). In making these changes, … Read more

KEY JUDGMENT ON ARBITRATION CLAUSES AFFECTING THOUSANDS OF COMMERCIAL CONTRACTS

Herbert Smith Freehills has secured an important victory in Hong Kong proceedings with far-reaching consequences for arbitration disputes around the world. Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins – such as a requirement to “negotiate in good faith” before starting arbitration. Previously, failure to comply with … Read more