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Forum: Advances in Comparative and Transnational ADR – Research into Practice, 8 & 9 March

On 8 and 9 March 2019, the University of Hong Kong Faculty of Law will be hosting a forum on “Advances in Comparative and Transnational ADR – Research into Practice.”  Registration is free of charge and available here.

ProgramMarch 8th8:40amRegistration, 11th Floor Cheng Yu Tung Tower Faculty of Law; University of Hong Kong, Hong Kong SAR9:00 amWelcome: Dean Michael Hor, University of Hong Kong, Faculty of Law

Opening remarks: Shahla Ali, University of Hong Kong9:15 am – 10:15 amSession 1 – Methodological Considerations in Comparative and Transnational ADR

Chair: Zhao Yun Discussant: Lola Akin Ojelabi

·      Matthew Erie, “The Third Eye: The Problem of Method in the Study of Transnational Dispute Resolution” ·      Michael Palmer, “Modes of Dispute Response: Reconnecting the Range” ·      Shahla Ali, “Advancing Research and Practice in Dispute Resolution Institutions through Inclusive Devolved Reflection”10:15 am – 10:35 amMorning Break10:35am – 12:10Session 2 – Comparative ADR Ethics, Standards and Jurisprudential Ideals

Chair: Keith Hawkins Discussant: Kerstin Bree Carlson

·      Deborah Hensler, “Re-Inventing Arbitration: How Expanding the Scope of Arbitration is Re-Shaping its Form and Blurring the Line Between Private and Public Adjudication” ·      Michal Alberstein, “Between Summary Trials and ADR” ·      Lola Akin Ojelabi, “The Challenges of Developing Global Ethical Standards for ADR Practice” ·      Zachary R. Calo, “Legal Ethics and Transnational Dispute Resolution” ·      Dorcas Quek, “A New Chapter in the Cross-Border Enforcement of Mediated Settlement Agreements: The Elevated Role of Mediation Standards in Procedural and Substantive Justice”12:10-1:20Lunch for Speakers/Chairs 1:20 pm – 2:20pmSession 3 – Comparative Approaches in Conciliation and Arbitration

Chair: Tania Sourdin Discussant: Luigi Cominelli

·      Anselmo Reyes, “The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission” ·      Manuel Gomez, “Talk to Me: The Upsurge of International Arbitration-Related Conferences and their Impact on Academia, the Industry and the Legal Profession” ·      Gu Weixia, “Arbitration in Comparative Perspectives”2:20 pm – 3:35Session 4 – Comparative ADR in Peace building, Health Care and Disasters

Chair: Eric Feldman Discussant: Matthew Erie

·      Kerstin Bree Carlson, “Peace Through Law: A Hybrid Tribunal for Divided South Sudan” ·      Eric Feldman, “Recent Developments in Victim Compensation for the Fukushima Disaster” [TBC] ·      Nadav Davidovitch, “Dealing with Conflicts in Health Care Systems: Form Clinical Medicine to Public Health Settings” ·      Martin Lau, “TBC: ADR in Pakistan”3:35-4pmBreak4pm – 5:50pmSession 5 – ADR Developments and Reform in Mainland China

Chair: Michael Palmer Discussant: Sida Liu

·      He Xin, “Flexibility and Authority: Resolving Labor Disputes in a County Government in Western China” ·      Kwai Ng, “Wearing Two Hats – Problems of Judicial Mediation as Seen from China” ·      Chao Xi, “Negotiations in the Shadow of Shareholder Activism” ·      Sida Liu, “The Spaces of Global China: Hong Kong as a Frontier for Chinese Law Firms” ·      Ling Zhou, “Forum Shopping in a World of Mixed Processes: China’s Professional Litigants” ·      Yang Lin, “New Developments in Online Dispute Resolution in China”5:50 pmClosing remarks6:30pmDinner hosted by HKU (by invitation only)

Saturday March 9th9:30am – 11:20Session 6 – Mediation Developments in the Context of Civil Justice Reforms

Chair: Mark Feldman Discussant: Mark Feldman

·      Tania Sourdin, “When is the Best time to Mediate? Considering Early Mediation” ·      Luigi Cominelli, “Mediation Models and the Impact of the 52/2008 Directive on Civil and Commercial Mediation in Europe” ·      Pablo Cortes, “Imbedding Mediation in the Civil Justice System” ·      Nadja Alexander, “International Comparison of Regulatory Systems for Mediation” ·      Francis Law, “TBC”11:20-11:50Break11:50 am – 12Closing remarks and next steps12 noonLunch hosted by HKU (by invitation only)

Conference Theme:

The focus of the forum is on exploring the challenges and opportunities in understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. Papers will cover topics such as practical considerations in conducting comparative work in the field of transnational and comparative dispute resolution, insights from recent studies, and consideration of how research may inform policy reform in ADR institutions regionally and transnationally. The aim of the forum is to facilitate research collaboration that will also translate into positive policy applications and directions for future study.

Speaker and Chair Bio’s:

May be found here.

Media sponsor: TDM

** Transnational Dispute Management (TDM, ISSN 1875-4120) is a comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc). It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. See for more information. You can apply for a free OGEMID trial membership and students can sign up for Young-OGEMID (which is free)

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