Commercial Section ACR Commercial Section

This month we have added two provocative new articles to our offerings. One is by Michael Klug and Ann Taylor about 10 ways that negotiation is counter-intuitive. The other is by Patricia Barclay on the use of mediation in complex Intellectual Property disputes.

We have a diverse group of authors and topics coming up over the next several months from authors around the world. If you have suggestions for subjects you want to know more about and authors whose ideas you want to read, please send us an e-mail now --it’s easy.

We have news from fellow member, Jose Vasconcelos, about the 5th Annual World Conflict Resolution Day 2009 International Conference to be held on October 15 in Lisbon, Portugal. Information about the speakers, program and how to register is provided below under "Conferences." There is also an attendance form and link to Mediarcom for additional assistance.

AUGUST 2009

Welcome to the first edition of the ACR Commercial Section’s International Focus webpages. This is the beginning of what we intend to be a very informative and interesting view of the dynamic field of international commercial ADR. We will add new material at the beginning of every month to keep you coming back on a regular monthly basis to find out what your colleagues around the world are doing and thinking about.

It will take a few months to build-up to the full range of offerings we have planned. I want to give special “thanks” to our members who have agreed to help coordinate this effort and to write material for the various sections. There are several articles in the pipeline and an initial cadre of volunteer coordinators. We want more!

Ultimately, the success of this initiative rests with you our fellow Commercial Section and ACR members. First, we rely on you to submit news and write articles and to encourage others to contribute as well. Second, we need you to be a frequent reader and an active participate by commenting on and adding to what is presented on these webpages. We want an active dialogue.

As you may know, ACR is in the process of converting to a new website. The transition could be completed in time for the Annual Conference in October or by the end of the year. We expect the new website will give us more capabilities and enable us to be highly interactive. More news on that as it unfolds.

Themes

For the next several months, we will highlight news and articles that demonstrate “The Most Effective Ways to Use Mediation in International Business.” You will find two articles in this edition discussing the highly effective use of Dispute Resolution Boards for major international construction projects; one is by Peter Merrill and the other by Bob Wrede.

Please send in your experiences with and opinions about how effective mediation can be in international business situations. Either send us 300 words or less on the subject (see "Current Theme" below) or submit an article (2,000 words or less) with title and a short synopsis.

We want to know your ideas for future themes. Tell us what interests you most. Share your insights, experiences and opinions. Speak out on important issues for our profession. Expect that some or most or all of what you send us by e-mail will appear on this website, unless you tell us otherwise.

Keeping our members connected.
Frances I. Mossman
International Committee Chair, ACR Commercial Section

Featured Authors and Articles

NEW

	Patricia Barclay, Mediation of IP Disputes - Worth a Shot? The author makes a convincing case for the advantages of using mediation over litigation and arbitration in complex IP disputes. Sept. 2009
	Michael Klug and Ann Taylor, A Game of Opposites: Negotiation is a Counter-Intuitive Discipline This article discusses 10 ways that we can be induced by our instincts into adopting less than ideal negotiating styles. Sept. 2009

CURRENT

	Luis E. Ore, Negotiating International Strategic Alliances: Building Lasting Agreements Luis Ore explores the complexities of negotiating international strategic alliances beyond the obvious differences in language and culture. He provides guidance for negotiators, including a 7-Element Framework and the Single-Text Procedure. He emphasizes the importance of a mutual-gains negotiation approach, agreement-building strategies and a deal-implementer mindset. Aug. 2009
	Peter G. Merrill, Expanded Dispute Review Boards and Construction Settlement Panels May Revolutionize the Construction Industry Dispute Resolution Process Peter Merrill describes how Dispute Review Boards and Construction Settlement Panels are being used effectively in domestic and international construction projects to avoid and manage what otherwise might become costly construction disputes. Defines terminology and describes the process. Includes a flow chart of the Expanded Dispute Review Board process. Note: See related information in Member Networking regarding CDRS courses on Arbitration and DRB to be given October 15-17, 2009, with special preferred registration fees for ACR members. Aug. 2009
	Robert K. Wrede, Dispute Resolution Boards and the Hong Kong Airport: An Exciting Example of Commercial Dispute Resolution in Action Chek Lap Kok, Hong Kong’s International Airport and one of the busiest airports in the world, is the prime example of Dispute Resolution Boards in action. Costing more than $20b, it involved 225 construction contracts and 10 separate but interrelated projects with over 1,000 critical interfaces. “Yet incredibly, this vast, complex, multidisciplinary, transnational collaboration was completed both on time and under budget.” Mr. Wrede describes the conflict management model that was used and how it contributed to that success. Aug. 2009