Commercial Section ACR Commercial Section

INTERNATIONAL FOCUS

Featured Authors and Articles

	Nina Meierding, Mediation: Staying Culturally Relevant in a Multicultural World Mediators working with parties from different cultural backgrounds need to be aware of the different concepts, models used and cultural practices that come into play. This is increasingly important today because of the need for effective multicultural conflict resolution throughout the world. The author points out some of the differences between the Western mediation model and belief systems followed by people in many other cultures. Lack of cultural awareness and sensitivity can lead to misunderstanding, for example, even over what the word "Yes" means. She explains why. Jan. 2010
	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
	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. Aug. 2009
	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
	Prathamesh D Popat, ADR in India-2009 The article gives a brief understanding of the developments in India in the field of Dispute Resolution by discussing the recently introduced provisions in the Civil Procedure Code and other provisions relating thereto. Nov. 2009
	Josefa Sicard–Mirabal, The International Court of Arbitration® Created in 1923, the International Court of Arbitration® (“Court”) of the International Chamber of Commerce (ICC) is currently the world’s leading institution for resolving international commercial and business disputes, pioneering international commercial arbitration, as it is known today. This article describes the work of the Court, as well as ICC’s various other Dispute Resolution Services. Nov. 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