With the objective of fostering a culture of alternative dispute resolution and to promote an amicable settlement of disputes by encouraging the use of mediation and arbitration as a means to avoid the potentially lengthy and costly judicial proceedings, the Legal and Judicial Training Centre is going to organise a five-day seminar on “Mediation and Arbitration in Macao – Future Prospects” that is going to take place at the auditorium of the Civil Service Training Centre located on Alameda Dr. Carlos D’ Assumpção n.° 336-342, Cheng Feng Commercial Centre, 7th floor, on November 6th to 10th, from 6:30pm to 8:30pm.
Integrated as part of the 3rd Macao Special Administrative Region - EU Co-operation Programme in the Legal Field, this training initiative will feature the following guest speakers:
- Mariana França Gouveia (Ph.D.) – Professor of Law Faculty of Nova University of Lisbon, Portugal, Vice-President of the Board of the Commercial Arbitration Centre and Off Counsel at PLMJ Arbitration;
- 揚帆Yang Fan (Ph.D.) – Director of International Dispute Resolution Academy, Fellow of Chartered Institute of Arbitrators.
The Seminar will be conducted in English, with simultaneous translation into Cantonese and Portuguese. During the five daily sessions, the following topics will be discussed:
- Mediation and conciliation:disputes subject to mediation, mediation principles, civil and commercial mediation, criminal mediation, institutionalised mediation, pre-judicial mediation, legal and administrative incentives to resort to mediation.
- The mediation process:phases and techniques; value of a mediation agreement, training of mediators and requirements for the exercise of a mediator.
- Arbitration:negotiation and drafting of an arbitral agreement, arbitrability of disputes, appointment of arbitrators and establishment of an arbitral tribunal.
- Interim measures and preliminary orders, court-ordered interim measures in relation to arbitration proceedings, institutionalized voluntary arbitration (the arbitration rules of the most known arbitration centres), fast-track arbitration.
- Court assistance in taking evidence for arbitral proceedings, the subsidiary intervention of courts in the absence of an agreement between the parties, requirements and drafting of the arbitral award, setting aside the arbitral award, the recognition and enforcement of an arbitral award, in particular the New York Convention.
The 3rd Co-operation Programme in the Legal Field between the Macao Special Administrative Region and the European Union, which incorporates this Seminar, has as its main objective “Promote the Development and Modernisation of the Macao Special Administrative Region’s Legal System” and is going to take place until November 2019.
The execution of the Co-operation Programme is coordinated by the Legal Affairs Bureau, together with many entities and public departments of the Macao Special Administrative Region, namely the Legal and Judicial Training Centre, the Institute of European Studies of Macau, the Economic Services, the Consumer Council and the Social Welfare Bureau.