Singapore Convention; New Workplace Discrimination Legislation in NY; A Changing of the Guard at CPR
the CPR
DateBook
August 13, 2019

Welcome to the "CPR DateBook," in which we periodically provide you with details on CPR's upcoming events in one place for easier planning purposes. These mailings will also contain helpful tips, highlights and links to breaking CPR news and initiatives, as well as CPR resources you may want to explore or revisit. CPR is always hard at work to provide information and other tools to help you advance your dispute resolution goals. To print the DateBook, first open it in your browser here.
 
 
This week on CPR's blog...

SINGAPORE CONVENTION OPENS FOR RATIFICATION

After years of negotiations, international mediation treaty, the Singapore Convention, last week reached the signature phase.

As explained in this CPR Speaks post by legal intern, Hew Zhan Tze, that means that countries around the globe can sign on to, and ratify, a treaty designed to boost the use and support for mediation in cross-border transactions.

The convention is officially known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, and is available at
 
https://bit.ly/2YWbHKN.

The Singapore Convention’s goals have been likened to a mediation version of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, best known as the New York Convention. (Available at 
http://bit.ly/2KHaa5W.)

Read the complete blog post about these developments on CPR Speaks
HERE. And more in-depth analysis on the Singapore Convention on Mediation will appear in the September Alternatives to the High Cost of Litigation, available soon at altnewsletter.com.
 

GOV CUOMO SIGNS NEW LEGISLATION BARRING USE OF MANDATORY ARBITRATION TO RESOLVE WORKPLACE DISCRIMINATION AND HARASSMENT IN NYS

On Monday, August 12, 2019, Governor Cuomo signed new legislation that, among other things, purports to bar the use of mandatory arbitration to resolve discrimination and harassment cases in the workplace in New York state.

As explained in
this CPR Speaks post by CPR VP, Programs and Public Policy, Anna Hershenberg, the prior version of this law, New York CPLR § 7515, which went into effect last year, aimed to prohibit mandatory arbitration of workplace sexual harassment claims only; this version expands the prohibition to claims of other types of discrimination.

In June, Judge Denise Cote (SDNY) found the prior version of  § 7515 to be preempted by the Federal Arbitration Act and therefore invalid. (Latif v. Morgan Stanley & Co. LLC et al. (S.D.N.Y. 2019) (available at 
http://bit.ly/2y9w6AL)) Her ruling should apply with equal force to the amended version of § 7515, at least with respect to interstate matters.

CPR covered this issue earlier this month on CPR Speaks
HERE. View the text of the newly enacted § 7515 on our blog HERE.
 
 
NOAH HANFT INTERVIEWED BY WORKPLACETV

Watch outgoing CPR President & CEO, Noah J. Hanft, interviewed on The Granderson Group's WorkplaceTV discussing the benefits of ADR, what makes CPR different, diversity, the "Jay-Z Effect" and many more issues of interest in the employment and workplace space. The full interview is available HERE
 
Organized in collaboration with CPR's Canada Advisory Board and the CPR Energy Committee, and hosted by McCarthy Tétrault LLP, CPR's 2019 Canada Conference will take place in Calgary on October 17, between 8:30 and 11:30 am (with a welcome reception, hosted by Blake, Cassels & Graydon LLP, the night before). 

The theme of this year's conference will be "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector." Speakers and attendees will explore such questions as:
 
  • What are the differences between arbitration, mediation and expert determination?
  • Are some types of disputes in the energy sector best resolved by one of these mechanisms, or does the success of any particular ADR technique depend less on the subject-matter of the dispute and more on the skill and experience of the neutral selected to resolve the dispute?
  • Should energy companies adopt a systematic approach to handling and resolving disputes?
  • What techniques work best for multi-stakeholder consensus building?
  • What are the latest tips on drafting and implementing multi-step and/or split dispute-resolution clauses?
     
 
 
 
 
A CHANGING OF THE GUARD
And the Transactional Committee Gains a New Co-Chair

As CPR's incoming President & CEO, Allen Waxman, officially joins us this week (August 15th), we wanted to take one last opportunity to say good bye to our outgoing President & CEO,  Noah J. Hanft. In addition to his many accomplishments, we thank him for - and will miss - his warmth, humor and wisdom, and wish him the best of luck in his new venture, AcumenADR. We have no doubt that he will continue to keep us on our toes as an ongoing CPR member, Distinguished Neutral and the new Co-Chair of CPR's Transactional Dispute Prevention and Solutions Committee, along with Gregory Gallopoulos of General Dynamics Corporation.

“Transactional lawyers tend to think of ADR as exclusively litigation-related exercises, despite the fact that they hold the pen that determines the ADR provision utilized in contracts,” said Noah, back in April 2016 when CPR
launched the committee. “We want to engage the transactional lawyers within companies and demonstrate how ADR can be utilized as part of ‘preventative lawyering.’ Anyone with in house experience knows how challenging many joint ventures, partnering agreements and integrations are to sustain and we believe ADR processes can be an invaluable tool to anticipate and address business disputes early on. Using these tools, companies can develop enduring relationships (even with competitors) and manage to turn conflict to commerce.”
Noah's pup, helping his dad pack up the office
 
Resolving commercial disputes in courts in Spain can be unpredictable, slow and costly for disputants. As pointed out in a recent working paper from the Central Bank of Spain, judicial inefficacy can also have a significant impact on business investments. Therefore, it is critical for public administrations, companies and practitioners to consider a variety of alternative mechanisms to resolve commercial disputes efficiently. This, not only to reduce the uncertainty, time, and costs involved in court litigation, but also to avoid losing economic investments which benefit society as a whole.

In this context, the Spanish Cabinet has approved a draft legislation aiming at boosting the role of commercial mediation in Spain by, among other measures, making the holding of an “informative” and exploratory session under the auspices of a trained mediator a mandatory prerequisite to filing a court action in a number of areas.

Join us at this event organized jointly by the International Institute for Conflict Prevention & Resolution (CPR), its European Advisory Board (EAB) and Cuatrecasas. Hear a panel of distinguished speakers discuss the current state of dispute resolution in Spain, explore ways to shape its future and share perspectives and best practices with an audience of dispute prevention and resolution professionals from all over Europe and the United States. The program will be followed by a networking reception. (This event will be held in English and will also be available via webinar) 

Click
HERE for more information. Space is limited and registrations will be confirmed on a first-come, first-served basis. To register, click HERE.
 

CPR EVENTS/
SAVE THE DATE:

Upcoming CPR events and trainings

UNITED STATES


September 9, 2019 - 2nd Annual GAR LIVE at Georgia State University – College of Law, Atlanta. CPR members may attend at a discounted rate. 

September 12, 2019, 12:30 pm -
CPR Employment Disputes Committee Meeting at Ogletree, Deakins, Nash, Smoak & Stewart in NY and via dial-in. CPR Members only.

September 17, 2019, 12:30 pm -
CPR Mediation Committee Meeting in New York (location TBD) or via dial-in. CPR members only. 

September 19, 2019, 12:00 pm - Joint CPR Environmental Committee and Government & ADR Task Force Webinar, "Practical Aspects of a Green New Deal" via webinar and dial-in. CPR Members and Government & ADR Task Force members only.

October 3, 2019, 12:30 pm -
CPR Energy, Oil & Gas Committee Meeting at Quinn Emanuel Urqhart & Sullivan in Houston, TX, either in person or via dial-in. CPR Members only. 

October 24, 2019, 12:30 pm -
Banking and Financial Services Committee meeting at KPMG in New York, in person or via dial-in. CPR members only.

October 30, 2019, 12:30 pm -
CPR Government & ADR Task Force Meeting at BakerHostetler, Washington, D.C., either in person or via dial-in, on ADR approaches to government enforcement actions.

NEW: November 6, 2019, 5:30 pm - "
Fomenting Change: International Institute for Conflict Prevention & Resolution at Work in Brazil and Mexico," a James F. Henry Speaker Series Event at New York Law School

November 12, 2019, 12:30 pm -
CPR Diversity in ADR Task Force Meeting in NY, in person or via dial-in. Location TBD. 

November 20, 2019 -
CPR Corporate Leadership Award Dinner honoring Ford Motor Co. and General Counsel, Bradley M. Gayton, at Ziegfeld Ballroom, New York.

November 21, 2019, 8:30 to 10:00 am -
CPR Breakfast Program at NYIAC, featuring ConocoPhillips Deputy General Counsel and CPR Board member, Laura Robertson, and other noted speakers during this NY Arbitration Week event

November 22, 2019 -
Fordham International Arbitration and Mediation Conference 

December 3, 2019, 12 pm - CPR Environmental Committee Webinar via webinar and dial-in. CPR members only.


December 4, 2019 - CPR Mediation Committee Meeting. Location TBD. CPR members only.

INTERNATIONAL

August 19, 2019 - CEDR Mediator Skills Training in Barcelona*

September 16, 2019 -
CEDR Mediation Skills Training, Dublin*

NEW: September 17, 2019, 6:00 to 7:30 - "
Arbitration in the Pharmaceutical and Life Sciences Sectors" at Lalive in Zurich. Speakers will include new President & CEO, Allen Waxman (formerly of Pfizer). A networking reception will follow.

HAVE YOU REGISTERED? September 20 - 22, 2019 - CIArb & CPR Joint International Arbitration Training at Bennett Jones LLP in Toronto. A three-day program leading to CIArb's prestigious Fellow status. 

September 25, 2019,
The Future of Dispute Resolution in Spain, hosted by Cuatrecasas in Barcelona. The program will be followed by a networking reception

September 26, 2019 – CPR European Advisory Board In-Person Meeting hosted by Cuatrecasas in Barcelona, Spain. EAB Members only.

October 2, 2019 -
CEDR Mediator Skills Training, London* 

October 16, 2019, 6:00 - 8:00 pm –
CPR Canada Conference Welcome Reception Hosted by Blake, Cassels & Graydon LLP in Calgary, Canada

October 17, 2019, 8:30 -11:30 am – CPR Canada Conference "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector" organized in collaboration with CPR Canada Advisory Board and CPR Energy Committee hosted by McCarthy Tétrault LLP in Calgary, Canada



*Through CPR's collaboration with CEDR, CPR members and Distinguished Neutrals can receive a 10% discount on CEDR Mediation Skills and Employment and Workplace Courses. Before registering, contact sslattery@cpradr.org to receive your discount code.