ADR Chatroom | FACES ADR

Spotlight on Third Party Funding

Sat, 11 Oct 2014 14:54:29 +0800

Laura Lozano, our Spanish face, queries Third Party Funding in her recent post on the Kluwer Arbitration Blog.

Check out Laura’s article which considers some of the issues worthy of consideration,

LCIA cases on the rise

Tue, 05 Aug 2014 10:49:58 +0800

Further to the recent Thoughts from our Spanish Face, Laura Lozano, new statistics reported in the Financial Times reveal that the LCIA has seen a rise in the number of cases heard. For more information about the recent LCIA rule changes please refer to Laura’s article.

Asialaw Dispute Resolution Summit 2014

Thu, 24 Jul 2014 12:58:22 +0800

Our Hong Kong Face, Sala Sihombing will be speaking at the Asialaw Dispute Resolution Summit 2014 in Hong Kong. Sala will join a panel to consider the balancing act that companies must conduct when considering the most appropriate form of dispute resolution.

Laura Lozano on the focus of investor state arbitration

Wed, 09 Jul 2014 08:51:11 +0800

Laura Lozano, our Spanish face, queries the focus of investor state arbitration in her recent post on the Kluwer Arbitration post. Is the focus of investment state arbitration switching from Latin America? If so to where? Click on the link to share Laura’s thoughts.

Finally a mediation book for summer!

Thu, 03 Jul 2014 13:20:28 +0800

Our Hong Kong face, Sala Sihombing co-authored a book on mediation in Hong Kong which has been published just in time for summer holidays. The work is a review of the theory and practice of mediation in Hong Kong.

The book is available in shops or for order online direct from the publisher CCH Wolters Kluwer.

Dispatch inspired by Seoul

Wed, 21 May 2014 15:27:54 +0800

Our Korean face, Priscilla sends a dispatch from Seoul. Rows of countless yellow ribbons line the streets in front of Seoul’s city hall as the city mourns the death of 287 plus lives lost in the Sewol ferry disaster. The long ribbons contain written messages to the victims, many expressing their apologies and promises of "never again" and "you will never be forgotten." The yellow ribbon holds various symbolic meaning across the world including forgiveness, solidarity, protest, hope, army troop support, suicide awareness, and higher education. In South Korea, the color yellow also signifies the opposition political party against the current dominant political party, which is represented by the color red. Many Koreans blame the government for the deaths and they demand retribution. In the face of such anger and grief, what is the government to do?

The United States has had its share of tragedies on a national scale. There have been too many school shootings, terrorist attacks, and disasters caused by corporate negligence. In many of these instances, Congress has repeatedly appointed Kenneth Feinberg as an arbitrator to monitor and designate compensation awards to victims' families. Nicknamed the "pay czar" and "Special Master for Compensation," Feinberg has been involved in the Agent Orange product liability litigation, the asbestos personal injury litigation, September 11 Victim Compensation Fund, the Hokie Spirit Memorial Fund (Virginia Tech shooting), the BP oil spill fund, the Penn State settlement (Jerry Sandusky sex abuse scandal), the Aurora victim relief fund, the Boston Marathon Bomb Victims fund, and the Newtown-Sandy Hook Community Foundation. Feinberg's skill lies in the ability to quietly listen to the stories from families, learning early on the importance of allowing grief-stricken families to vent their frustrations and sorrows. He then devises a system that allows him to calculate how much each family should be compensated. Of course, Feinberg has many critics who are unhappy with his methods and there are families who believe they deserve more - he has been openly yelled at during meetings. In his new book, Who Gets What: Fair Compensation After Tragedy and Financial Upheaval, he challenges anyone else to take his job if they think they can do better. He knows that his formula is not perfect and he has made some mistakes, but it is the best anyone has come up with so far.

Snap Crackle and Popped : General Mills arbitration submission

Tue, 22 Apr 2014 08:46:06 +0800

Our Hong Kong face, Sala Sihombing writes that after a stunning announcement on 16 April, General Mills in the US has reversed itself within a week. Earlier in the week, General Mills had announced that any customer who participated in any coupon offering or who joined an online campaign or signed up for an email alert were doing more than celebrating their favourite breakfast cereal. As the New York Times reported, General Mills through an online popup was deeming such participation to be acceptance of a new dispute policy which called for arbitration for any disputes. Whilst there has long been controversy about what constitutes appropriate submission to arbitration for consumer contracts, this was a quantum leap in submission strategy. Apparently, it was a leap too far. By 20 April, the New York Times was reporting that General Mills had reversed itself on the basis that their ‘concerns and intentions had been widely misunderstood’. Was such a pop up even enforceable? would it have constituted valid submission? these questions will need to wait a test case, but it seems as if arbitration lawyers will need to consider the validity of how we submit to arbitration in an electronic age.

Hong Kong’s Mediation Week starts today

Thu, 20 Mar 2014 07:50:46 +0800

Our Hong Kong face, Sala Sihombing writes that the Hong Kong Mediation Week organised by the Department of Justice starts today. There are various events being hosted all over Hong Kong to publicise and promote the use of mediation for the full spectrum of disputes. Sala will be attending the Mediation Conference 2014 and will be presenting with the Hong Kong Collaborative Practice Group on Saturday in a very special role-play to encourage the use of collaborative practice for family dispute.

the mediation suite hits Hong Kong

Mon, 24 Feb 2014 11:49:30 +0800

Our Hong Kong face, Sala Sihombing has launched the mediaiton suite in Hong Kong. As she explains in the ADR Times, much thought has gone into designing a space for effective dialogue. As with any renovation there were some ups and downs.

The launch party was held on 20 February and as with any good mediation, there are no records of what was a very good night. The mediation suite is also available for hire for meetings, seminars and mediations in Central, Hong Kong. For more information please check out the website www.conflictchange.com.

Mediation public service announcement by the American Bar Association

Thu, 06 Feb 2014 18:10:18 +0800

Laura Lozano, our Spanish face, suggests watching this American Bar Association public service announcement on mediation to get a fresh perspective.

Canada ratifies ICSID Convention

Fri, 15 Nov 2013 10:12:35 +0800

Our Spanish face, Laura Lozano notes that Canada ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) on November 1, 2013. By this, Canada has become the 150th member state of ICSID. Canada signed the Convention in December 2006, passed legislation implementing it in 2008 and it will finally enter into force on 1 December 2013.

ICSID ratification will provide an additional protection to many of the Canadian companies that increasingly are investing in all parts of the world.

Stephanie Smith visits HKU

Mon, 11 Nov 2013 17:38:01 +0800

Our Hong Kong face, Sala Sihombing attended a presentation made by visiting scholar, Stephanie Smith on dispute system design on 6 November 2013. From her experience working in the public sector with the California judiciary and in the private sector with Kaiser Permanente, Ms Smith has a wealth of experience currently teaches at Stanford Law School in the US. Ms Smith had been invited by the Law Faculty of the University of Hong Kong, where Sala is an adjunct associate professor.

The sun shines in Istanbul at MBB Congress

Sat, 05 Oct 2013 19:28:56 +0800

The sun was out in Istanbul for the Mediators Beyond Borders 6th Congress attended by our Hong Kong face, Sala Sihombing. Mediators and other professionals interested in the use of mediation and facilitative dialogue met to discuss MBB projects and facilitative tools.

Mediators Beyond Borders Congress 2013

Fri, 06 Sep 2013 09:12:10 +0800

Mediators Beyond Borders (MBB) will hold their 6th congress in Istanbul this September. Our Hong Kong face, Sala Sihombing will attend. If you are interested in attending but cannot make it to Istanbul, there is an alternative. MBB has arranged for a live feed or archived content to be available from the congress.

Celebrating our first anniversary!

Thu, 05 Sep 2013 19:56:14 +0800

FACES ADR is celebrating our first anniversary! We are launching a series of videos on our FACES ADR Youtube Channel to introduce ourselves. Please check out our videos and start meeting the FACES!

America the Crucible

Mon, 12 Aug 2013 09:45:55 +0800

Our US face, M. Nycole Hearon writes in the ADR Times this month on her reflections regarding the issues raised by the recent trial of George Zimmerman.

South Africa denounces its BIT with Spain

Wed, 03 Jul 2013 12:08:05 +0800

Our Spanish face, Laura Lozano writes that South Africa has sent a written notification to Spain denouncing its Bilateral Investment Treaty (hereinafter BIT)[1] on 23 June 2013. Composed of twelve articles setting out the terms for investment promotion and protection, the BIT between the Kingdom of Spain and the Republic of South Africa came into force on 23 December 1999. The initial treaty period was 10 years with renewals thereafter for periods of two years[2].

According to Article XII (2) each contracting party shall give written notice of termination to the other within six months of the termination date, and South Africa had until 23 June to do so. As is usual practice with BITs, the treaty will continue to be in effect for a further period of ten years for investments made or acquired prior to 23 December 2013.

The decision to cease the renewal of the BITs between South Africa and different EU member states, pursuant to the new BIT policy framework conducted by the South African Department of Trade and Industry, may have negative impacts on already fragile investors.

Financial Dispute Resolution Forum Hong Kong

Wed, 19 Jun 2013 22:06:03 +0800

Our Hong Kong face, Sala Sihombing (Adjunct Associate Professor, HKU) was delighted to be able to chair the panel discussion at the Financial Dispute Resolution Forum held 19 June 2013 at the HKIAC. The forum was co-sponsored by the University of Hong Kong Faculty of Law LLM in Arbitration and Dispute Resolution and the HKIAC. The panel featured a distinguished group of practitioners and academics including Ms Sou Chiam, (CEO FDRC), Ms Julie Crotty (Deputy Director of Mediaiton and Business Strategy, FINRA), Mr Chin-Chong Liew (Partner, Linklaters and P.R.I.M.E. Finance Expert) and Professor Yang Dong (Associate Professor, Renmin University). Professor Katherine Lynch (Director, LLM ADR HKU) gave the welcome address and had structured and organised the forum. The forum was very well attended and participants were treated to a lively discussion about the currennt state and future potential of financial dispute resolution.

From left to right, Professor Yang Dong, Ms Sou Chiam, Ms Julie Crotty, Mr Michael Wong, our face Sala and Professor Katherine Lynch.

HKIAC new Administered Arbitration Rules 2013

Thu, 13 Jun 2013 15:40:07 +0800

Our Hong Kong face, Sala Sihombing writes to highlight some of the developments reflected in the new HKIAC Administered Arbitration Rules 2013. The new rules will come into force 1 November 2013.

HKU Dialogues in Dispute

Thu, 13 Jun 2013 09:52:51 +0800

Our Hong Kong face, Sala Sihombing attended one of the first events organised under the banner of 'dialogues in dispute resolution'. Katherine Lynch (pictured left) organised the collaborative public dialogue exercise in conjunction with the Ocean Recovery Alliance in order to highlight the powerful possibilities of using dialogue to deal with difficult issues. The public dialogue was held at the Stock Exchange of Hong Kong and was well attended. Katherine is an Associate Professor and the Director of the LLM in Arbitration and Dispute Resolution at the University of Hong Kong.