Dispute Resolution International

About Dispute Resolution International

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.

Dispute Resolution International is edited by Kim Rooney, an independent arbitrator and barrister at Gilt Chambers, Hong Kong. Kim is assisted by an Editorial Board comprising leading practitioners from around the world.

Dispute Resolution International is distributed to all members of the IBA Dispute Resolution Section, giving it a readership of approximately 4,000. It is published twice a year and was launched in May 2007.

If you are interested in contributing to Dispute Resolution International, please contact Kim Rooney at: kim.rooney@giltchambers.com and Paul Crick at paulcrick@mac.com.

If you are not a member of the IBA, you can find out more about how to join here.

If you are interested in advertising in Dispute Resolution International, our latest media pack is available here.

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Latest Issue - Vol 15 No 1 May 2021

As of April 2021, the severe disruption caused by the Covid-19 pandemic (the ‘pandemic’) continues. While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools. Auto-transcription, blockchain, document management and automated docketing, inferential artificial intelligence, natural language processing and visual perception tools (including facial recognition technologies, radar, light detection and ranging, and ultra-sound sensors) are among the digital technologies being used.

A paradigm shift in commercial dispute resolution globally is underway, arising from the combined effect of innovative digital technology and the pandemic. The pandemic’s impact upon commercial dispute resolution in each of the 23 jurisdictions reviewed has been affected by the rate, period and severity of infection, but also by their respective openness to innovation; capacity to rapidly adapt; available financial, technological and human resources; legal framework; and culture. Online proceedings in international commercial dispute resolution encourage the adoption of international best practices. However, there is a growing divergence in the resources available to commercial dispute resolution stakeholders that needs to be addressed to ensure a fair, efficient and trusted international commercial dispute resolution system.

This is the second Dispute Resolution International (DRI) article about the global impact of the pandemic on commercial dispute resolution; the first was published in the October 2020 issue of the journal. This article reviews an additional eight jurisdictions, provides updates for 11 jurisdictions reviewed in the October 2020 article and discusses emerging trends. Forty-six arbitration and litigation practitioners from 23 jurisdictions in Africa, the Asia-Pacific, Europe and the United Kingdom, Middle East North Africa and Turkey (MENAT), North America and South America have contributed to these two articles.

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This article discusses, primarily by reference to and comparison of mainland and Hong Kong cases and legislations, the impact of the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the ‘Arrangement’). Before the Arrangement, only Hong Kong courts were entitled to grant interim measures in aid of mainland arbitral proceedings, while mainland courts were unable to grant interim relief to Hong Kong arbitration due to the lack of legal basis. Now, the Arrangement explicitly empowers the mainland courts to grant interim measures in aid of arbitral proceedings seated in Hong Kong and administered by recognised arbitration institutions. It may also motivate parties to mainland-related transactions to use institutional arbitration seated in Hong Kong and prospectively enhance the leading status of Hong Kong as an international arbitration hub.

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From modest beginnings and expectations of the process of commercial mediation in the 1970s and the work of Professor Frank Sander, mediation has grown in application internationally, culminating in the introduction of the United Nations Convention on International Settlement Agreements Resulting from Mediation known as ‘the Singapore Convention on Mediation’ (‘the Convention’ or ‘SMC’). Mediation is described in the UN Commission on International Trade Law (UNCITRAL) Model Law as ‘… a process, whether referred to by the expression mediation, conciliation or an expression of similar import, whereby parties request a third person or persons (“the mediator”) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The mediator does not have the authority to impose upon the parties a solution to the dispute’. The definition is broad and allows for use across jurisdictions and differing cultural contexts; however, one of the novel features of this convention relates to the conduct of the mediator, in the sense that the mediator’s conduct can affect the enforceability of a settlement agreement. This factor and the central tenets of this convention are examined in this article as is the framework for international settlement agreements in the context of international trade and commerce.

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Third-party funding of international disputes has grown rapidly around the globe in recent years, in particular for international arbitration claims. Some jurisdictions in the Middle East and North Africa (MENA) region are now embracing funding, particularly in relation to international arbitration claims. This article gives a brief overview of third-party funding, including its modern-day history, how funding arrangements work and the regulation of funding in some key jurisdictions, including in the MENA region.

The article also looks at recent trends, including funding for solvent companies and as a means to access liquidity in difficult economic times, as well as practical issues relating to funding, including some important issues that may potentially arise in international arbitration, particularly those relating to conflicts of interest and disclosure of funding arrangements. Finally, it briefly considers funding for enforcement of awards and judgments and provides two case studies where funding has assisted in cases relating to the MENA region.

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The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

Released on Jun 02, 2021

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months

In 2020, most of the world’s countries have had to respond to the severe disruption caused by the Covid-19 pandemic, which emerged in late December 2019 (the ‘pandemic’). The pandemic poses enormous health and socio-economic challenges. As of September 2020, it is not known when the pandemic will end; some countries are already experiencing further waves of infection. Globally, judiciaries and arbitral institutions have been under great pressure to continue operating during the pandemic [...]

How to order

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

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