INTERNATIONAL FOCUS

Welcome! 

NEW! JANUARY 2010

Following her excellent teleseminar in December last year on "Communicating Across Cultures: Cross-Cultural Considerations in Mediation and Negotiation," Nina Meierding discusses some of the significant differences between the Western style model of Mediation and that of cultures with a collectivist orientation and belief system. In her article "Mediation: Staying Culturally Relevant in a Multicultural World" in this edition, she explains why it is important for Mediators to be culturally aware and sensitive to other cultural practices in order to be more effective.

The Commercial Section and the International Section of ACR organized and jointly sponsored Professor Meierding's teleseminar in December. The two sections are planning to collaborate on other events and programs this year. Our section is also discussing joint activities with ACR's Environment and Public Policy Section. Collaboration with these sections will considerably increase the benefits and expand networking for the members of all three sections. Links to their websites are provided below for your convenience in learning more about their extensive programs and activities. We will have more news about these initiatives with regard to international business in the next edition of International Focus.

OCTOBER-DECEMBER 2009

In this edition, we have added an article about the International Chamber of Commerce’s (ICC) International Court of Arbitration written by Josefa Sicard-Mirabal, Director of Arbitration and ADR for North America. This is one of five regional offices. The others are Latin America, United Kingdom, Asia and Eastern Mediterranean, Middle East & Africa. The Secretariat is located in Paris, France. We plan to have other articles next year about the important work of the Court of Arbitration.

We are looking for new members to join the Commercial Section’s International Committee. Please see a summary of the ambitious plans for the committee’s activities in 2010 described in the International Committee section below.

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.

NEW

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

 

CURRENT

	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

  

• Charles Crumpton on Arbitration and training in Vietnam
• Jose Arthur Vasconcelos on ADR in the European Union