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Combining Mediation and Arbitration in International Commercial Dispute Resolution

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Author: Dilyara Nigmatullina
Publisher: Routledge
ISBN: 9781138478404
Published In: July 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,210.00

HKD 2,143.70 Save HKD 66.30 (3%)

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Description
Contents

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Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits.

Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.

Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

List of Figures

List of Tables

Acknowledgements

Part I. Introduction

1. Introduction

Part II. Theoretical Foundations

2. Key Combinations, Terms, and Definitions

3. Controversy Surrounding the Use of the Same Neutral (Arb)-Med-Arb: Advantages and Concerns Associated with the Practice

4. Influence of Practitioners’ Legal Culture on their Perception of the Same Neutral (Arb)-Med-Arb

Part III. The Empirical Study

5. Results of an Empirical Study of the Use of Mediation and Arbitration in Combination

Part IV. Solutions

6. Involvement of Different Neutrals in Combinations as a Way to Address Concerns Associated With the Same Neutral (Arb)-Med-Arb

7. Procedural Modifications of the Same Neutral (Arb)-Med-Arb as a Way to Address Concerns Associated with this Process

8. Safeguards for Using the Same Neutral (Arb)-Med-Arb as a Way to Address Concerns Associated with this Process

Part V. The Way Forward

9. Initiatives to Enhance the Use of the Same Neutral (Arb)-Med-Arb and other Combinations in International Commercial Dispute Resolution

Bibliography

Appendix 1: Definitions of Combinations

Appendix 2: Questionnaire on the Combined Use of Mediation and Arbitration in an International Commerical Context

Appendix 3: Semi-structured Interview Schedule

Index

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