From: Shahla Ali <sali@hku.hk>
Sent: Monday, 9 March 2020 10:16 AM
To: Mark Califano <mcalifano@nardelloandco.com>; Susan Franck <sfranck@wcl.american.edu>
Cc: Sharon ONG (MLAW) <Sharon_ONG@mlaw.gov.sg>; itaia@mail.gov.il; andrea.schneider@marquette.edu; Jarrod Wong <jwong@pacific.edu>; Wes Rist <dwrist@asil.org>; O'Neill, Megan <MONeill@cov.com>
Subject: Re: ASIL Annual Meeting - Singapore Convention and ADR - Panel Organization and Introductions

From: Mark Califano <mcalifano@nardelloandco.com>
Sent: Sunday, March 8, 2020 4:08
To: Susan Franck
Cc: Sharon_ONG@mlaw.gov.sg; itaia@mail.gov.il; andrea.schneider@marquette.edu; Shahla Ali; Jarrod Wong; Wes Rist; O'Neill, Megan
Subject: Re: ASIL Annual Meeting - Singapore Convention and ADR - Panel Organization and Introductions

Thank you Susan, we will coordinate and prepare and let you know our progress. 



Dear Sharon, Mark, Andrea, and Itai (if I may): 

 

I hope this finds you all well.  

 

I wanted to introduce you all to Shala Ali, an amazing professor who specializes in international dispute settlement, with a particular focus on mediation (but also arbitration).  For various reasons, Anna Spain Bradley is stepping down from moderating the Singapore Convention panel, but with Shala at the helm and serving as moderator, I know that you will be in capable hands. I also believe that she has recently written scholarship on the Convention that may be of interest to you. 

 

As time for ASIL is coming up, I wanted to encourage you all to have active collaboration and conversations with Shala as to how you would like to move forward, both as regards format (i.e., more interactive versus more individual presentations) and as regards substance (i.e., who will be covering what from the perspective of different systemic stakeholders). 

 

I hope that this moves the ball forward a bit more -- and I look forward to knowing how Megan, Jarrod, and I may be of assistance in moving the ball forward in a constructive way. 

 

Best wishes

Susan Franck

 

---

From: Anna Spain Bradley <Anna.Spain@Colorado.EDU>
Sent: Wednesday, February 19, 2020 1:44 PM
To: Sharon_ONG@mlaw.gov.sg <Sharon_ONG@mlaw.gov.sg>; Mark Califano <mcalifano@nardelloandco.com>; itaia@mail.gov.il <itaia@mail.gov.il>; andrea.schneider@marquette.edu <andrea.schneider@marquette.edu>
Cc: Susan Franck <sfranck@wcl.american.edu>; Jarrod Wong <jwong@PACIFIC.EDU>; Megan Crawford <meganc@wcl.american.edu>; Wes Rist <dwrist@asil.org>
Subject: Re: ASIL Annual Meeting - Singapore Convention and ADR - Panel Organization and Introductions

 

Greetings All,

 

It is my great pleasure to serve as the moderator for this historic ASIL panel on the Singapore Convention! As a long-time mediator turned international lawyer and scholar, this topic is near and dear to me and I am thrilled that Susan, Jarrod and Megan have gathered such a prestigious group of experts. On behalf of ASIL, we are honored to have you as speakers at the Annual Meeting. Thank you in advance for your participation.

 

In recent years, ASIL has aimed to have panels that are interactive and provide ample time for audience participation. With that in mind, here is a general overview of the format for our panel:

 

11:00-11:35      Introductions and opening remarks (Panelists will have approximately 7 min. each to discuss perspectives on the importance of the Singapore Convention)

11:35-12:00      Moderated dialogue on key themes (I will pose questions to each panelist and encourage discussion between panelists.)

12:00-12:20      Audience Q&A

12:20-12:30      Concluding remarks by each panelist

 

To facilitate this endeavor, I would be grateful if you can send me the following in the next two weeks. I will then confirm with the group our schedule for April 2.

 

• A brief bio I may use for your introduction  (2-3 sentences).
• A brief note on what you would like to cover in your opening remarks given your expertise and experiences.
• Ideas for key themes and questions that you think would highlight the most important and interesting aspects of the Singapore Convention and of the use of mediation in international dispute resolution more broadly.

 

In the meantime, please let me know if you have any questions. I look forward to meeting you all in D.C.

 

Best regards,

 

Anna

 

Anna Spain Bradley

Assistant Vice Provost for Faculty Development & Diversity

Professor of Law

University of Colorado Law School

Faculty Bio: http://lawweb.colorado.edu/profiles/profile.jsp?id=369

Website: www.annaspain.com

Twitter: @ASpainBradley

 

 

 

From: Susan Franck <sfranck@wcl.american.edu>
Date: Monday, February 17, 2020 at 11:58 AM
To: Anna Spain Bradley <Anna.Spain@Colorado.EDU>, "Sharon_ONG@mlaw.gov.sg" <Sharon_ONG@mlaw.gov.sg>, Mark Califano <mcalifano@nardelloandco.com>, "itaia@mail.gov.il" <itaia@mail.gov.il>, "andrea.schneider@marquette.edu" <andrea.schneider@marquette.edu>
Cc: Jarrod Wong <jwong@PACIFIC.EDU>, Megan Crawford <meganc@wcl.american.edu>, Wes Rist <dwrist@asil.org>
Subject: ASIL Annual Meeting - Singapore Convention and ADR - Panel Organization and Introductions

 

Dear Anna, Sharon, Mark, Itai, and Andrea (if I may)

 

I hope this finds you all well and having enjoyed a relaxing weekend. 

 

On behalf of the American Society of International Law (ASIL) Program Committee for the Annual Meeting, Megan, Jarrod, and I are delighted that you have all consented to participate in the panel "The Singapore Convention on Mediation and the Future of Appropriate Dispute Resolution".

 

The panel has material strengths, and your contributions during the Annual Meeting will be fundamental in setting the tone for future conversations about the Singapore Convention and ADR in transnational conflict management. Part of reason for my confidence in making this statement involves the breadth and depth of the perspectives available on the panel (NB: names in bold have embedded hyperlinks).

 

First, and foremost, you have a very able moderator to help lead everyone through the process and facilitate a dynamic exchange of ideas. Anna Spain Bradley is a member of the faculty at the University of Colorado, a member of the ASIL Executive Council, and a thoughtful thinker in international dispute settlement.  I anticipate that Anna will shortly be in touch with all of you via email about moving forward with speaking and thematic considerations, including format and timing. 

 

Second, the panel has a many experienced, sophisticated, and thoughtful speakers that can cover a variety of intellectual territory directly related to the panel's theme. Sharon Ong is with the Singapore Ministry of Justice and able to offer a Singaporean and government perspective on the Convention and its implications.  Mark Califano is the CLO of Nardello & Co (formerly with General Electric) and can offer unique insight into the needs and concerns of stakeholders and potential users of both the Convention and ADR  more generally. Itai Apter is the Director of International Civil Affairs at the Israel Ministry of Justice, was actively involved in the process of creating the Convention and has spoken thoughtfully about the implications of the Convention in the past. Andrea Schneider is a Professor at Marquette and one of the most important and thoughtful speakers in the United States on the concepts of ADR (having co-authored two major textbooks and written extensively) and has a unique appreciation of conflict management and mediation in the transnational setting. 

 

Third, the topic itself is of great interest. As you may recall, the program (available online) reflects that the panel will occur on Thursday, April 2 from 11am-12:30pm, and provides the following description remains of the panel: 

In August 2019, the United Nations Convention on International Settlement Agreements Resulting from Mediation became open for signature in Singapore. On the very first day, forty-six countries signed what has become known as the Singapore Convention. Part of the reason for the popularity of the Convention is the structural support it offers to provide a holistic approach to the resolution of international disputes. Rather than parties having to rely exclusively on international arbitration tribunals or courts to secure compliance with legal obligations, parties have a reliable, rule-of-law-based enforcement mechanism to buttress their private mediation efforts by promoting a streamlined enforcement mechanism that ensures mediation has meaningful—rather than aspirational—value.This session will examine the genesis, current status, and utility of the Singapore Convention, drawing partly on the knowledge of persons involved in its development. Panelists will discuss practical implications for international dispute resolution practitioners, as well as potential limitations of the Convention, including how the Convention may intersect with existing domestic mediation practices and the lack of participation among European Union states.The session will also use the Singapore Convention as a springboard for discussions about exploring forms of Appropriate Dispute Resolution (ADR), particularly non-adjudicative forms of international dispute resolution like mediation, negotiation, and community- based conflict management. By exploring how a range of dispute resolution options can be effective, whether non-adjudicative or more traditional forms like litigation and arbitration, the panel will consider how the Singapore Convention could impact parties’ choices and options for identifying effective dispute resolution strategies and international conflict management. The panel will provide these insights by offering commentary reflecting a range of perspectives, including government officials, practitioners, clients, and scholars.

 

I hope this introductory email is helpful in providing some initial organizing information (and ensuring everyone knows who is on the panel and has email addresses). I now look forward to seeing how the panel matures into fruition. I know that Anna will do an excellent job of leading the charge moving forward. 

 

In the interim, should you have any questions for Megan, Jarrod, or myself, please do not hesitate to let us know. 

 

Best wishes

Susan Franck

 

 

 

Susan D. Franck                                                          

Professor of Law

American University, Washington College of Law 

4300 Nebraska Avenue, NW – Y317

Washington, DC 20016 – USA

Phone: +1-202-274-4362 ◘ Email: sfranck@wcl.american.edu  ◘ Twitter: @susanfranck 

Webpage: https://www.wcl.american.edu/community/faculty/profile/ 

SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=518280

 

My Book: Arbitration Costs - https://global.oup.com/academic/product/arbitration-costs-9780190054434?cc=us&lang=en&#