Transnational Dispute Management

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OGEMID

TDM hosts the archives of OGEMID, [5] [6] [7] the associated discussion list focused on transnational disputes, international investment law developments and related issues. OGEMID brings together experienced professionals in the field of international dispute management, mainly arbitration, mediation, negotiation, with a particular emphasis on investment disputes. Since 2007 OGEMID members annually vote for the OGEMID Awards. [8] Moderators of OGEMID currently include Saadia A. Bhatty, Professor Petra Butler, Barry Leon, Dr. Sebastien Manciaux and Baiju Vasani, with Sophie Nappert, Consultant Moderator Maurice Mendelson QC and OGEMID Rapporteur John Gaffney as Honorary members.

Related Research Articles

Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.

<span class="mw-page-title-main">Mediation</span> Dispute resolution with assistance of a moderator

Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.

Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.

<span class="mw-page-title-main">Arbitration</span> Method of dispute resolution

Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.

Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990, with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms, to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes. Professor Karl Mackie, a barrister and psychologist, became the organisation's Chief Executive and Eileen Carroll QC (hon), a Trans-Atlantic partner with a law firm joined to become the Deputy Chief Executive in 1996. On 12 June 2010 it was announced in the Queen's Birthday Honours that Karl Mackie was appointed a CBE by the UK Government for ‘services to mediation', the first citing of this reason for the award.

<span class="mw-page-title-main">Chartered Institute of Arbitrators</span> Professional organisation

The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979.

Emmanuel Gaillard was a prominent practicing attorney, a leading authority on international commercial arbitration, and a law professor. He founded the international arbitration practice of the international law firm Shearman & Sterling before launching Gaillard Banifatemi Shelbaya Disputes, a global law firm dedicated to international arbitration, in 2021. He frequently acted as an arbitrator in international commercial or investment disputes.

Tai-Heng Cheng is a Singaporean legal scholar, lawyer, and international arbitrator. He currently resides in United States of America as a permanent resident.

Thomas W. Wälde, former United Nations (UN) Inter-regional Adviser on Petroleum and Mineral Legislation, was Professor & Jean-Monnet Chair at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), Dundee.

Frank E. A. Sander was an American professor emeritus and associate dean of Harvard Law School. He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis, Minnesota. Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.

Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.

The Arbitration Roundtable of Toronto is made up of several litigators, academics, arbitrators, and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation, especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars, papers, and talks.

Fabrizio Marrella, born in Venice, Italy, is Professor of International Law and of International Business Law at the University of Venice. In 2008, he was appointed as the E.MA Programme Director at the European Inter-University Centre for Human Rights and Democratisation (EIUC) where he was a member of the Board of Directors.

NAM is a provider of Alternative Dispute Resolution (ADR) services, including Arbitration and Mediation NAM provides services to business entities and individuals who seek to resolve their dispute/conflict outside of the court system. The company maintains rosters of neutrals in all 50 states, Puerto Rico and in major cities around the world.

<span class="mw-page-title-main">Lawrence Susskind</span>

Lawrence E. Susskind is a teacher, trainer, mediator, and urban planner. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971.

<span class="mw-page-title-main">Allan J. Stitt</span>

Allan Jeffrey Stitt is a chartered Canadian arbitrator, mediator and film producer. He is the president and CEO of ADR Chambers, a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. In 2022, Stitt was awarded an honourary Doctor of Laws from the University of Windsor Faculty of Law. As a movie executive producer, Stitt has also contributed to films including The Layover, The Birth of a Nation, Into the Forest, I Saw the Light, and Ithaca.

<span class="mw-page-title-main">Michael A. Wheeler</span>

Michael A. Wheeler has taught negotiation at Harvard Business School in its MBA program, executive courses, and, more recently, its digital learning platform HBX. His work focuses on negotiation pedagogy, improvisation in complex dynamic processes, ethics and moral decisionmaking, and a range of alternative dispute resolution (ADR) processes. For twenty years he was the Editor in Chief of Negotiation Journal, published by the Program on Negotiation at Harvard Law School. As a LinkedIn Influencer, he has more than 200,000 followers. As a negotiation advisor, Wheeler has counseled corporate clients, trade organizations, and government agencies on issues in the United States and abroad.

The Attorney General of Seychelles is the head of the Department of Legal Affairs and is responsible for criminal prosecution, civil litigation and notarial work. The chambers advises the government on all legal matters that pertain to international law and relations—in particular, any matters that pertain to international contracting. Additionally, the chambers provides legal advice and services to any government organisations, drafts legislation, and conducts law reform if needed.

<span class="mw-page-title-main">Anna Joubin-Bret</span> French lawyer (born 1962)

Anna Joubin-Bret is a French lawyer. She is the Secretary of the United Nations Commission on International Trade Law (UNCITRAL) and Director of the International Trade Law Division (ITLD) in the Office of Legal Affairs (OLA) of the UN Secretariat since 2017.

References

  1. "Authors - Help - TDM Journal (Transnational Dispute Management) - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management". www.transnational-dispute-management.com.
  2. "Publisher of Law Journals - Services - Maris B.V." www.maris.nl.
  3. "About TDM - About - TDM Journal (Transnational Dispute Management) - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management". www.transnational-dispute-management.com.
  4. "Why - A Transnational Dispute Management Intelligence Service?". Transnational Dispute Management (TDM). 1 (1). 1 February 2004 via www.transnational-dispute-management.com.
  5. "About OGEMID - OGEMID - TDM Journal (Transnational Dispute Management) - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management". www.transnational-dispute-management.com.
  6. "President's Column:The Democratization of the Invisible College". 6 February 2012. Archived from the original on 6 February 2012.
  7. "International Law Scholarship and the Internet". 20 October 2010.
  8. "About OGEMID - OGEMID - TDM Journal (Transnational Dispute Management) - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management". www.transnational-dispute-management.com.