MEDIATION IN ARBITRATION PODCAST: THE PROFILE OF MEDIATION IN ARBITRATION

We are pleased to share this Mediation in Arbitration podcast, in which Craig Tevendale, Chris Parker and Rebecca Warder discuss the results of the Herbert Smith Freehills and London Chamber of Arbitration and Mediation (LCAM) Mediation in Arbitration Survey. The podcast also covers potential barriers to mediation in international arbitration, how these might be overcome and the future of mediation in arbitration.

The snapshot survey delved into trends in mediation in arbitration, aiming to find out more about the current take-up of mediation in international arbitration. Mediators were asked to fill in the survey in relation to mediations undertaken in 2019 and 2020, answering four very straight-forward questions on:

  • the stage at which these mediations occur
  • their claim values
  • the proportion of mediator caseload they made up; and
  • how often mediation in arbitration leads to settlement

Over 50 mediators completed the online survey. Despite the majority of the time period covered by the survey falling into the pre-Covid-19-pandemic era, mediations in the later months of 2020 also fell into the survey window and in that timeframe patterns of claims, and also to some extent perhaps approaches to settlement, will have been impacted by the Covid-19 pandemic. While it will take some time to tease out the impact of Covid-19 on mediation patterns, the fact that the survey covered 2020 as well as 2019 means it provides a reasonably current picture.

The survey results highlighted the following key trends:

  • The timing of mediation: the survey showed fairly overwhelmingly that mediations in arbitration usually happen at the pre-document production stage. In fact, only 6% of the mediators who had experience of mediation in arbitration had not done a mediation pre-document production in 2019 or 2020.
  • The value of disputes mediated: high value arbitration claims are being resolved in mediation. The majority of mediators we surveyed who reported having some experience of mediation in arbitration said that they had carried out mediations in cases worth over £10M.
  • Mediator caseload: a quarter of the mediators had quite a significant mediation in arbitration practice, with around a third of their caseload made up of those cases. 10% of our survey sample had a lot of these cases and told us that the majority of their mediations were arbitration cases.
  • Settlement rates: the success rates which were reported by the majority of the mediators were pretty impressive. Just under half of the mediators who said they had mediated arbitration cases had settled at least 70% of these cases at the mediation across 2019 and 2020. Most of these mediators were reporting a success rate in the 80% plus bracket.

The podcast can be listened to on SoundCloud, Spotify and iTunes.

The results of the survey have been published here if you would like to read in more detail.

For further information, please contact Craig Tevendale, Partner, Chris Parker, Partner, Rebecca Warder, Professional Support Lawyer or your usual Herbert Smith contact.

Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445
Chris Parker
Chris Parker
Partner
+44 20 7466 2767
Rebecca Warder
Rebecca Warder
Professional Support Lawyer
+44 20 7466 3418

LCIA RULES 2020 ENTER INTO FORCE

The revised London Court of International Arbitration (LCIA) Rules have now come into force, applying to all LCIA arbitrations commenced on or after 1 October 2020.

The new Rules have been warmly welcomed by the international arbitration community, receiving recognition for the way that they enhance efficiency and flexibility, while staying true to the LCIA Rules’ traditional light-touch approach.

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HERBERT SMITH FREEHILLS LAUNCHES FIRST GUIDE TO DISPUTE RESOLUTION AND GOVERNING LAW IN RUSSIA

Please click here to preview this publication. To request a copy of the Guide, please email RussiaDisputeResolutionGuide@hsf.com.

Our first Guide to Dispute Resolution and Governing Law in Russia provides a concise and accessible overview of some of the practical issues involving both litigation and arbitration across the region to help our clients understand the ways in which Russian law restricts the choice of law in contracts and the types of dispute resolution mechanisms that can be used for Russia-related commercial contracts.

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UPDATE [8]: “NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

This eighth (and final) update to a blog post initially dated 7 April 2020 takes into account developments between 25 June – 9 July 2020. These include various institutional changes (set out in the table attached to the blog), as well as perspectives on the development of “hybrid hearings” as some venues start to reopen in light of changing conditions and the easing of government restrictions. This updated blog post also includes the news of the launching of the “Protocol for Online Case Management in International Arbitration” for public consultation (produced by a working group led by Herbert Smith Freehills LLP) and VIAC’s recently announced Vienna Protocol – “A Practical Checklist for Remote Hearings”.

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UPDATE [7]: “NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

This seventh update to a blog post initially dated 7 April 2020 has been updated to take into account developments between 12 June – 25 June 2020. These include various institutional changes (set out in the table attached to the blog) as some venues start to reopen in light of changing conditions and the easing of government restrictions, as well as details of the collaboration between the Chartered Institute of Arbitrators (CIArb) and the Centre for Effective Dispute Resolution (CEDR) to offer a low cost online service to businesses affected by COVID-19.

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UPDATE [6]: “NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

This sixth update to a blog post initially dated 7 April 2020 has been updated to take into account developments between 28 May – 11 June 2020. These include various institutional changes (set out in the table attached to the blog) as some venues start to reopen in light of changing conditions and the easing of government restrictions, as well as details on the newly announced “Virtual Arbitration Forum”.

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UPDATE [5]: “NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

This fifth update to a blog post initially dated 7 April 2020 has been updated to take into account developments between 14 May – 28 May 2020. These include various institutional changes (set out in the table attached to the blog) as some venues start to reopen in light of changing conditions and the easing of government restrictions, as well as details on new guidance that has been issued by HKIAC on virtual hearings and the SCC on the SCC Platform.

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UPDATE [4]: “NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

This fourth update to a blog post initially dated 7 April 2020 has been updated to take into account developments between 30 April – 14 May 2020. These include various institutional changes (as set out in the table attached to the blog), the alliance between Maxwell Chambers, ICDR, and the Arbitration Place of Toronto and Ottawa to provide “global hybrid hearings”, and developments in the guidance being issued by a collaboration of large international law firms led by HSF.

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COVID-19: PRESSURE POINTS: PODCAST: A BALANCE OF OBLIGATIONS: THE RESPONSE TO THE PANDEMIC AND INVESTMENT TREATY PROTECTIONS (GLOBAL)

We are pleased to share with you this podcast which looks at the international investment law protections that are relevant to investors and states in the context of the COVID-19 pandemic. We also touch on the key considerations for both states and foreign investors when assessing whether state action taken in response to the pandemic could infringe those protections.

This podcast is chaired by Senior Associate, Hannah Ambrose, who is joined by the co-heads of our Public International Law Practice, Christian Leathley and Andrew Cannon. This podcast can be listened to here.

For more information, please contact Andrew Cannon, Partner, Christian Leathley, Partner, Hannah Ambrose, Senior Associate, or your usual Herbert Smith Freehills contact.

Andrew Cannon
Andrew Cannon
Partner
+44 20 7466 2852

Christian Leathley
Christian Leathley
Partner
+1 917 542 7812

Hannah Ambrose
Hannah Ambrose
Senior Associate
+44 20 7466 7585