ADR Developments brought to you by the Nigerian Institute of Chartered Arbitrators
Editor: Shola Oshodi-John, AICMC, FCArb
RECENT DEVELOPMENTS
FREE MEDIATION FOR WEDDING COUPLES AND VENDORS AFFECTED BY COVID-19 RESTRICTION
SINGAPORE: Wedding couples and vendors affected by recent COVID-19 restrictions can now resolve their disputes through a free mediation programme, the Ministry of Law said.
The MinLaw COVID-19 (Wedding) Mediation Programme will be open to those were in contract for the sale of goods and services in relation to a wedding event held between May 8 and Jul 31.
It will provide a channel for parties to explore and reach an “amicable solution” as opposed to taking the dispute to court, said the ministry.
When Singapore tightened community measures on May 8 in response to rising community cases, wedding receptions were initially allowed to proceed with stricter pre-event testing requirements.
Wedding receptions were disallowed from May 16, in line with the ban on dining-in. They were allowed to resume from Monday as Singapore continued easing restrictions in Phase 3.
Kindly click on the link to continue reading: https://blog.nicarb.org/index.php/2021/07/13/free-mediation-for-wedding-couples-and-vendors-affected-by-covid-19-restrictions/
Source: Contribution by NICArb’s research team
The Legal Row: Britney Spears-Singer’s conservatorship case explained
US pop star Britney Spears has called for an end to the “abusive” management of her business and personal affairs, telling an LA court: “I want my life back”.
The singer’s career has been in the hands of legal guardians in an arrangement known as a conservatorship since 2008 when she faced a public mental health crisis.
The court-ordered agreement gave her father, Jamie Spears, control over her estate and other aspects of her life.
But the singer later sought to dismiss her father from the role.
A grassroots movement of fans, known as the #FreeBritney campaign, wants the singer to regain autonomy over her affairs.
The prolonged legal row gained renewed attention in 2021 following the release of Framing Britney Spears – a documentary which centered on the conflict over the singer’s guardianship.
What is conservatorship?
Kindly click on the link to continue reading: https://blog.nicarb.org/index.php/2021/07/14/the-legal-row-britney-spears-singers-conservatorship-case-explained/
Source: Contribution by NICArb’s research team
ASK THE JUDGE
ALTERNATIVE DISPUTE RESOLUTION
In their 1966 hit single, John Sebastian and the Lovin’ Spoonful asked the musical question, “Did you ever have to make up your mind?”
They also asked, “Did you ever have to finally decide and say yes to one and let the other one ride?”
These certainly weren’t legal questions, but if they were and addressed to a judge about making trial decisions in their civil court cases, the answers for the most part would be “no.”
This is because approximately 97% of all civil cases are resolved without a trial primarily because of settlements.
Judges, lawyers, and policy makers understand and promote the idea that fair settlements as early in the legal process as possible, save on expenses, provide certainty, and are in everybody’s best interests.
Kindly click on the link to continue reading: https://blog.nicarb.org/index.php/2021/07/15/ask-the-judge/
Source: Contribution by NICArb’s research team
EXPEDITIOUS JUSTICE AND ADR
If you are unlucky to visit the courts, sayings like ‘justice delayed is justice denied’ and ‘justice hurried is justice buried’ will resonate very frequently. But the fact is that with millions of cases pending over extended periods, the system makes a mockery of helpless victims merely seeking justice. On the other hand, our police and legal fraternity perhaps yield the best crop out of the situation.
There are depressing tales of deprivations. Should we continue with the prevailing criminal justice system’s (CJS) procedures and structures, wishing it shall overcome stockpiles while moving at a snail’s pace, or should we look for Alternate Dispute Resolution (ADR) for expeditious disposal of cases?
It is heartening to know that the communities in some parts of the world run dispute resolution through their arbitration council. They do not go to the police or the courts and instead settle disagreements through this council which has the trust of the people.
Inexplicably solving a case is one thing; proving it in a court of law another.
Of course, many disputes are settled through courts, police stations and in the lawyers’ chambers. If ADR is doable at a smaller scale here, why not make it a norm at every stage as an obligatory tier of the CJS?
Kindly click on the link to continue reading: https://blog.nicarb.org/index.php/2021/07/15/expeditious-justice-and-adr/
WEBINAR – EQUAL REPRESENTATION IN ARBITRATION: A LONG ROAD AHEAD
The Nigerian Institute of Chartered Arbitrators (NICArb) held a webinar themed Equal Representation in Arbitration: A Long Road Ahead on Friday the 16th of July, 2021.
The event which commenced at 3pm was opened by the Registrar/CEO of NICArb, Mrs. Shola Oshodi-John FCArb, who went on to welcome and introduce the members of panel (herein referred as “discussants”). It was co-moderated by Najib Hamisu ACArb.
The first discussant, Rafael Francisco Alves Ph.D, by way of introduction, commended the institute for the choice of topic and its timeliness within the arbitration community.
Speaking on diversity, he stressed the fact that there would hardly be a time where it would be said that diversity had been sufficiently provided for. Rafael went on to talk about policies adopted by his law firm to ensure equal representation in arbitration.
The second speaker, Maitre Sylvie Bebohi Ph.D said that the topical issue bothers on her region, the OHADA region. According to her, there is a great increase of women from diverse backgrounds in the list of arbitrators produced by most arbitral institutions in the OHADA region.
On a closing note, she encouraged young practitioners to always show up and increase their visibility.
The third discussant, Louise Barrington FCIArb, the co-founder of Arbitral women captured the events that led to formation of the Arbitral Women and its vision to promote the involvement of women in international arbitration.
The fourth discussant, Abubakar Isa Ph.D, MCIArb, went beyond the issue of gender to also include the aspect of groups (based on age, nationality and so on).
The speaker explained the benefit of a diverse tribunal in bringing diverse perspectives to the table, thus producing a rich award/decision.
Diamana Diawara, highlighted the plans of the incumbent ICC president to ensure diversity (with the inclusion of physically disabled persons) and set up a taskforce for that purpose.
The webinar ended with a question and answer session, participants asked their questions which were answered by the discussants, and the Registrar gave the closing remarks.
Source: Contribution by NICArb’s research team
