The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?
Six months ago, we had published a first situation concerning the interest in the blog on contracts, “Afitac.com”. Now, curious to see how this blog has developed?
In the arbitration clause of a contract, the contracting parties can choose whether the arbitral tribunal shall rule strictly as per the law or as “amiable compositeur”. This article analyses the advantages and disadvantages of the chosen option.
This post describes the event organized by EBRD at its headquarters in London on the 27th of September 2018. The event was about the changes introduced with the new Red and Yellow Books of the 2017 rainbow suite. FIDIC, EBRD’s Clients and Contractors all had the opportunity to express themselves.
This post contains a conversation with Jan Bouckaert, founder of AfiTaC, about innovative services around contracts: lowering hurdles, facilitating learning, establishing a collaborative environment and much more.
This post contains an interesting reflection on (i) whether it is enough for a mediator to be trained in the skills and techniques of mediation and then mediate any type of dispute or (ii) whether possession of subject matter expertise is of benefit to the parties. The author of the article, Martin Burns, clearly prefers the second option. We let you read this post and make or confirm your own opinion; you can even provide it as commentary below this post.
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.
The ICC Rules of Arbitration are the most widely-used institutional arbitral rules in the world, especially in relation to international construction and energy disputes. The 2012 Rules explicitly require both the arbitrators and the parties to “make every effort to conduct the arbitration in an expeditious and cost-effective manner”. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations.