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The first meeting of the CEDR ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Commission on Settlement in International Arbitration, with over 25 international jurisdictions represented, is taking place in London today. The Commission has been launched to investigate approaches to settlement within the framework of international arbitration and is co-chaired by Lord Woolf of Barnes (former Lord Chief Justice of England and Wales) and Prof. Gabrielle Kaufmann Kohler (partner of Schellenberg Wittmer).

International arbitration is seen as the default method for resolving disputes around cross-border commercial contracts but is attracting increasing amounts of criticism worldwide for being slow and expensive, with settlement rates reputed to be significantly lower than they are in most state commercial court proceedings.

The CEDR Commission will investigate the different approaches currently taken to promote settlement in international arbitration and make recommendations as to how arbitral institutions and tribunals might give parties greater assistance in finding ways to settle their disputes earlier and more cost effectively.

At the inaugural meeting today, leading international arbitrators, mediators, academics and counsel from different jurisdictions will launch the Commission. They will be supported by a select group of rapporteurs who will be responsible for research, drafting the early discussion paper and the final report. The Commission will meet again during 2007 and early 2008 to produce a ‘White Paper’ for publication to be launched at an international conference to be held in 2008.

The first meeting has been kindly hosted by Herbert Smith, London.

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Notes to Editors :

About the current Arbitration climate:

International arbitration tends to be the default method for resolving problems in cross-border commercial contracts but it is attracting increasing amounts of criticism worldwide for being slow and expensive.

The international arbitration community is aware of the criticisms and is concerned to improve the product. Papers such as the UNCITRAL Notes on Organising Arbitral Proceedings, the IBA Rules on the Taking of Evidence in International Commercial Arbitration and Guidelines on Conflicts of Interest in International Arbitration are all documents aimed at making international arbitration work better.

Although some of these papers refer to the role of the tribunal in encouraging settlement, at present the approach to this taken by tribunals varies very significantly from jurisdiction to jurisdiction. In all jurisdictions it is rare for arbitral tribunals to recommend that the parties try using formal mediation.

Whilst many courts in Europe now generally enforce ADR clauses and decline jurisdiction where these are not observed, arbitral tribunals tend to find reasons to accept jurisdiction and proceed with the arbitration, even where one party may have breached an obligation to mediate before commencing arbitral proceedings.

Settlement rates in international arbitration are reputed to be significantly lower than they are in most state commercial court proceedings, where, in many jurisdictions, the judges now use a variety of tools to promote early settlement.

Members of the Commission:

- HP Abdurrasyid, Indonesia National Board of Arbitration, Indonesia
- Cecil Abraham, Shearn Delamore & Co, Malaysia
- Essam Al Tamimi, Al Tamini & Co, Dubai
- Henry Alvarez, Fasken Martineau Dumoulin LLP, Canada
- Mark Baker, Fulbright Jaworski, U.S.A
- Giorgio Bernini, Baker & McKenzie, Italy
- Michael Blacker, AMEC, UK
- Karl-Heinz Bockstiegel, Bergisch-Gladbach, Germany
- Prof. Lawrence Boo, Singapore International Arbitration Centre, Singapore
- Phillip Capper, Lovells, UK
- Francois Champagne, ABB, Switzerland
- Bernardo Cremades, B Cremades y Asociados, Spain
- Robert Davidson, JAMS, USA
- Diane De Saint Victor, ABB Asea Brown Boveri, Switzerland
- Yves Derains, Derains & Associes, France
- Jan Eijsbouts, Akzo Nobel, Netherlands
- Dr Ahmed El Kosheri, Kosheri, Rashed & Riad, Egypt
- Andrew Foyle, 1 Essex Court, UK
- David Frick, Nestle, Switzerland
- Emmanuel Gaillard, International Arbitration Institute, France
- Mark Galloway, Skanska, UK
- Judith Gill, Allen & Overy, UK
- Dr Gavan Griffith QC, Owen Dixon Chambers, Australia
- Sally Harpole, Sally Harpole & Co, Hong Kong
- Carla Herron, Shell, USA
- Martin Hunter, Essex Court Chambers, UK
- Bruce Hunter, Arbitrator, USA
- Michael Hwang, Arbitrator, Singapore
- Yu Jianlong, CIETAC, China
- Graeme Johnston, Herbert Smith, China
- Michael Jones, Weil Gotshal & Manges, UK
- Pierre Karrer, Pestalozzi Lachenal Patry, Switzerland
- Thomas Koch, Ciba Specialty Chemicals Ltd, Switzerland
- Alexander Komarov, International Commercial Arbitration Court Moscow, Russia
- Toby Landau, Essex Court Chambers, UK
- Barry Leon, Torys LLP, Canada
- Julian Lew QC, 20 Essex Street, UK
- Nigel Li, The Chinese Arbitration Association (Taiwan), Taiwan
- Cao Ligun, CIETEC, China
- Annette Magnusson, Mannheimer Swartling, Sweden
- Andrew Manning Cox, Wragge & Co, UK
- Arthur Marriot, LeBoeuf Lamb Greene & MacRae, UK
- Michael McIlrath, General Electric, Italy
- Loukas Mistelis, School of International Arbitration, Queen Mary's, UK
- Michael Moser, O'Melveny & Myers, Hong Kong
- Karyl Nairn, Skadden Arps, UK
- Jean Claude Najar, General Electric, France
- Jackie Nolan-Haley, Fordham Law School, USA
- Brigid O’Neill, BT, UK
- Dr Colin Ong, Arbitration Association of Brunei, Brunei
- Masaharu Onuki, Director Japan Commercial Arbitration Association, Japan
- Wolfgang Peter, Python Schifferli Peter & Partners, Switzerland
- Khawar Qureshi QC, Serle Court, UK
- Hilmar Raeschke-Kessler, Federal High Court, Germany
- Alan Rau, University of Texas, USA
- Jurgen Reul, BMW, Germany
- David Rivkin, Debevoise & Plimpton, USA
- Klaus Sachs, CMS Hasche Sigle, Germany
- Akira Sawai, Toyama University, Japan
- Michael Schneider, Lalive, Switzerland
- Patrick Schriber, Du Pont De Nemours, Switzerland
- Roland Schroeder, General Electric, USA
- David Su, Lee and Li, Taiwan
- Jingzhou Tao, DLA, China
- Joe Tirado, Baker Botts, UK
- Christopher To, Hong Kong International Arbitration Centre, Hong Kong
- Pierre-Yves Tschanz, Tavernier Tschanz, Switzerland
- Wolfgang Von Kumberg, Northrop Grumman, Canada
- Thomas Walde, OGEL, UK
- Markus Wirth, Homburger, Switzerland
- Philip Yang, Hong Kong International Arbitration Centre, Hong Kong
- Stephen York, Kilpatrick Stockton, UK

Commission Rapporteurs:

- Eileen Carroll, CEDR, UK
- Christian Duve, Freshfields Bruckhaus Deringer, Germany
- Danny McFadden, CEDR, UK
- Chris Newmark, Spenser Underhill Newmark, UK

Commission Director:

- Karl Mackie, CEDR, UK

About CEDR

CEDR (the Centre for Effective Dispute Resolution) is the leader in the development of neutral-assisted dispute resolution. It is a non-profit organisation and its mission is to encourage and develop cost effective dispute prevention and dispute resolution in commercial and public sector disputes and in civil litigation. CEDR operates in the UK and internationally and has been instrumental in helping to bring mediation into the heart of business practice and into the judicial system.

For further information please contact:

Andy Rogers, Communications Manager, CEDR
Telephone: +44(0)20 7536 6000
E-mail: arogers@cedr.com

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