
The Future of International Mediation
Jun 11 2015
On 11 June, Hon. Judge Louise Otis delivered a lecture on “The Future of International Mediation”. Hon. Otis is an international civil and commercial mediator and arbitrator and a retired Justice of the Quebec Court of Appeal where she spearheaded the introduction of judicial mediation. Out of this stance, the speaker introduced the emergence of judicial mediation twenty years ago when she first implemented a pilot program of judicial mediation in Quebec. The experience turned to be a great success and since that time Quebec has had a leading and powerful judge-led mediation system.
Focusing on the future of international mediation, Hon. Judge Otis opined that the future will witness radical improvements in the effectiveness of mediation. The most important aspect, according to her is the effective combination of mediation and arbitration which comes either consecutively or in parallel. They may be also combined through hybrid forms of ADR, such as Med-Arb where the “neutral” partly acts as an arbitrator, and partly as a mediator. The perspectives of the future as well as the leading Canadian experience in developing a fully integrated judicial system aroused various contemplations and questions from the floor.
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Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?
Jun 10 2015
On 10 June 2015, building on the success of the Role of the Legal Advisor in Construction Mediation Seminar, Eng. Nadar delivered another construction focused lecture entitled “Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?”. The lecture categorized the scope of risks involved in construction projects as falling into six types; technical, logistical, construction, financial, political and country risks. The risk allocation concept and mechanism were then analyzed based on the motto that Contract is the risk allocation tool. The spectrum of settlement techniques available for construction disputes were displayed with special emphasis on mediation. The seminar was concluded by lively discussions between the lecturer and the audience.
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International Arbitration Agreement: Is Legal Uniformity Still a Possibility?
Jun 10 2015
On 10 June 2015, Professor Ahmed Sharaf El Din, Professor at the Faculty of Law, Ain Shams University delivered a lecture entitled “International Arbitration Agreement: Is Legal Uniformity Still a Possibility?” Professor Sharaf El Din questioned the likelihood of unifying the legal system of the international arbitration agreement through a thorough reading of the awards rendered by the courts in Egypt, France and the UK. Through the process, he analyzed the different scholastic methodologies of defining the law applicable to the international arbitration agreement. Attended by a number of in-house counsels, the lecture triggered wide range of questions and answers.
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The Role of the Legal Advisor in Construction Mediation
Jun 02 2015
On 2 June 2015, Eng. Aisha Nadar, Member of FIDIC Updates Task Group and IFC Consultant on the Construction Mediation Project, shed the light on the important role of the legal advisor in construction mediation before, during or after the mediation process. This multi-tiered role of the legal advisor, according to Eng. Nadar, involves, inter alia, the decision to mediate, the selection of the mediator, the preparation of the case and the case strategy, counseling the client during joint sessions, during private caucuses and finally during the settlement agreement once reached. The seminar witnessed interactive discussions among the lecturer and legal advisors in attendance.
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The Enforcement of Judgments and Arbitration Awards
May 13 2015
On 13 May 2015, the Seminar titled "The Enforcement of Judgments and Arbitration Awards" was delivered by Hazim A. Rizkana, Partner, Helmy, Hamza & Partners, a member of Baker & McKenzie International. The Seminar provided an ample illustration of the salient aspects of the enforcement of awards, judicial and arbitral alike. This involved reference to various important arbitral awards and court decisions. The lecture went further as to discuss how best regulatory and executive frameworks involved would work to improve the enforcement process. Discussions witnessed an interactive exchange of views and experiences on the subject matter.
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