Author: Thomas Valenti

Tom Valenti is an attorney, arbitrator, mediator, trainer and conflict resolution practitioner based in Chicago, IL, but offering services globally.

Questionnaire on Dispute Resolution Clauses from the Transnational Law Center at the University of Ghent

Call for Participation by surveyindividuals who have experience with commercial dispute resolution.in a Questionnaire on Dispute Resolution Clauses from the Transnational Law Center at the University of Ghent
 
There is a lack of clarity regarding the obligations that arise from dispute resolution agreements with a mediation/conciliation component. In order to reduce this uncertainty, a chapter of the BOF funded PhD research of Maryam Salehijam (supervisor: Professor Maud Piers) from the Transnational Law Center at the University of Ghent focuses on the question “What are the parties’ obligation under an ADR agreement?” To answer this question, the research is divided into two stages, the first stage involves a questionnaire that assesses the familiarity of legal professionals –including lawyers and third-party neutrals- in selected jurisdictions with dispute resolution clauses calling for non-binding ADR mechanisms such as mediation/conciliation. Moreover, the questionnaire provides willing participants with the opportunity to copy and paste a model or previously utilized dispute resolution clause. In the second stage, the clauses gathered as well as clauses extracted from other sources will be content coded using the software NVivo in order to determine which obligations tend to be reoccurring in the majority of the clauses under analysis.
 
The questionnaire targets individuals who have experience with commercial dispute resolution. The participation in the short questionnaire will require minimum effort, as most questions only require a simple mouse-click. Please note that the information entered in the survey is kept anonymous unless indicated to the contrary by the participants. Moreover, as the analysis takes place on an aggregated level, the findings will not disclose personally identifiable information. Accordingly, the information provided will only serve scientific purposes.
 
To complete the questionnaire, please click on the following link: http://lawsurv.ugent.be/limesurvey/index.php/678366?lang=en (closing date 29th of April 2017).
 
If you wish to provide the model/previously used dispute resolution clauses without completing the questionnaire, please email Maryam Salehijam at maryam.salehijam@ugent.be
 
Thank you for taking this request into consideration.

Arbitration in India: a pro-arbitration approach?

Excellent video update From Herbert Smith Freehills Dispute Resolution Section, London

Nick Peacock, Head of the India Disputes practice at Herbert Smith Freehills speaks with Moazzam Khan (Co-head International Dispute Resolution Practice at Indian law firm, Nishith Desai Associates) to discuss the current approach taken by the Indian courts towards arbitration. 

Kofi Annan speaks on Religion, Pluralism, and Democracy

kofi

“Globalization, while integrating the world’s economies, societies and people more than ever, and creating unprecedented wealth across the globe, is also generating a backlash because the benefits are not fairly shared and the gap between the rich and the poor has widened. The losers of globalization- encouraged by populist politicians – are retreating into primal identities, some real, some imagined, as bulwarks against uncertainty and fear. Around the world, groups or movements are trying to reject the ties that bind all of us across religious, national, racial, and class divides. Populist and xenophobic movements are demonizing migrants and other minorities in the name of protecting their own identities, often based on some notion of ethnic and or religious purity. Even more brutally, religious extremists are denying humanity not only to those of different faiths, but even to those of their own faith who do not share their convictions. Diversity is increasingly being portrayed as a threat that undermines our societies, rather than an asset that can benefit us all.”

 

http://www.kofiannanfoundation.org/speeches/bali-democracy-forum/