Cyprus: New Trends In ICC Arbitration And Mediation
Last Updated: 15 May 2014

On 29 April our colleagues Elena Michail, Katerina Petridou, Maria Georgiou and Anastasia Schini, participated in the conference "New Trends in ICC Arbitration and Mediation" organized by the ICC in Nicosia.  The seminar aimed to provide an insight into ICC arbitration two years after the 2012 Rules of Arbitration took effect and to provide an insight into the new 2014 ICC Mediation Rules.

The speakers at the conference included Mr John Beechey, President of ICC International Court of Arbitration, Paris, Ms Hannah Tumpel, Senior Counsel and Manager of the ICC International Centre for ADR, Paris, Mr John Fellas, Partner at Hughes Hubbard & Reed LLP, New York and Mr Julien Fouret, Counsel at Castaldi Mourre & Partners, Paris.

All the speakers at the conference stressed the importance of including correctly-drafted ADR clauses in commercial agreements, so as to avoid unnecessary complications at the outset of the arbitration or mediation process. The ICC International Centre for ADR is available to assist in the drafting of such clauses and several are also available online at www.iccexpertise.org

Another important development following the introduction of new Rules of Arbitration and Mediation is the ability of either party to a dispute to ask the ICC to initiate ADR, even where no ADR clause is included in the underlying contract. The impact of this development will, of course, depend on whether the other party accepts ICC's involvement.
The conference also touched on other issues such as controlling time and costs in international arbitration, joinder and consolidation and arbitration and the involvement of national courts.
The overall theme of the conference was that mediation is generally quicker and cheaper than arbitration and litigation, with the ability to be used either as a stand-alone procedure or combined with other dispute resolution procedures.

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