The Human Dimension A Key To Settlement In Business Mediations and Negotiations
Michael Schneider-VockePrincipal, Schneider Mediation Services, S.L., Barcelona, Spain There is a widespread notion that civil and commercial matters should be dealt with in a reasonable, businesslike and rational way, and that personal feelings and emotions should be reserved for the private sphere. Business mediations and negotiations still tend to reflect this view. In a conversation […]
Enforcing Arbitral Awards
Kevin NachtrabSenior IP Patent Attorneym Johnson & Johnson (Europe), Brussels, Belgium Having chosen to resolve your issues by use of Mediation/Arbitration to, among other reasons, save costs and time, you are now faced with the problem of having to expend just such costs and just such time to seek enforcement of the judgment and award […]
Arbitration And Mediation In The United States
James R. SobierajAttorney, Brinks Hofer Gilson & Lione, Chicago, Illinois, USA The substantial cost, time and risks associated with intellectual property litigation in the United States are well known. Consequently, parties frequently consider various forms of alternative dispute resolution (ADR). This paper will provide an overview of the two most common forms of ADR: arbitration […]
Mediation or Arbitration Under Japanese Law
Kei KonishiPatent Attorney, Miyoshi & Miyoshi, Tokyo, Japan Arbitration is a dispute submitted to one or more arbitrators, who make a non-appealable, binding decision on a dispute, as indicated by an arbitration agreement between the parties. The legal basis for arbitration in Japan was established by the Arbitration Act in 2003 (Law No. 138 of […]
Mediation And Arbitration In England
Hayley FrenchAssociate, Bird & Bird, London, England In 1996 Lord Woolf, Master of the Rolls, delivered “Access to Justice”, his final report on the civil justice system in England and Wales, to the Lord Chancellor. This report identified the need for fair, speedy and proportionate resolution of disputes and the need to use alternative routes […]
Introduction To Arbitration Procedures And Mediation Of The PRC
John BudgePartner, Wilkinson & Grist, Hong Kong Wang Dong HuiLegal Counsel, Wilkinson & Grist, Intellectual Property Agency, Ltd., Beijing, PRC Arbitration and mediation are two very common methods of dispute resolution. Historically, the PRC is not a litigious country. This article will explain the arbitration procedures and mediation in the PRC.
Arbitration: A Canadian Primer
Timothy LowmanPartner, Sim Lowman Ashton & McKay, Toronto, Ontario, Canada Arbitrations of both domestic and international commercial disputes are frequently conducted in Canada. The development of Canada’s reputation in international arbitrations arises from its significant talent pool of arbitration counsel and other advantages as a venue for arbitration, including the favourable attitude of Canadian Courts, […]
A Glance At Arbitration In Brazil
Edson de SouzaPatent Attorney, Momsen, Leonardos & Cia, Rio de Janeiro, Brazil Parties often agree to arbitrate their disputes for a multitude of reasons: arbitration is generally faster and cheaper than court litigation; confidentiality, or rather, disputes are decided out of public view, thereby preserving business reputation and protecting any trade secrets and company records; […]
Mediation And Arbitration Of Intellectual Property Disputes In Australia
Khajaque KortianTrade Marks Attorney, Sprusons & Fergusen, Sydney, Australia Alternative dispute resolution (ADR), including mediation and arbitration, is regularly applied in disputes concerning intellectual property in Australia. The primary forum for intellectual property litigation in Australia is the Federal Court of Australia. The Federal Court has power to refer proceedings for mediation or arbitration.
Mediation In An IP Context: Comparison Between The WIPO Mediation Rules And The ICC ADR Rules
Jane PlayerPartner, Bird & Bird, London, England Ioanna ThomaAssociate, Bird & Bird, London, England Mediation is not a familiar process to most international business executives. The most widely accepted definition of mediation is “a voluntary process in which a neutral third party, who lacks authority to impose a solution, helps participants reach their own agreement […]
