Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study

Arbitration / Mediation / Litigation

Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study

Edited by Anselmo Reyes · Weixia Gu
Cambridge University Press December 2021

Specifications

ISBN-13
9781108490603
Publisher
Cambridge University Press
Publication
December 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Table of Contents

1. Mapping and assessing the rise of multi-tiered approaches to the resolution of international disputes across the globe: an introduction
Weixia Gu
2. A snapshot of national legislation on same neutral med-arb and arb-med around the globe
Hiro N. Aragaki
3. Combinations of mediation and arbitration: the case of China
Weixia Gu
4. The resolution of international commercial and financial disputes: hybrid dispute resolution in Hong Kong
Julien Chaisse and Carrie Shu Shang
5. Multi-tier dispute resolution: present situation and future developments in Taiwan
Kuan-Ling Shen
6. Perspectives and challenges of multi-tier dispute resolution in Japan
Yuko Nishitani
7. Might there be a future for multi-tiered dispute resolution in Korea? challenges and prospects
Joongi Kim
8. Combinations of mediation and arbitration: the Singapore perspective
Man Yip
9. HKIAC's experience of the use of multi-tier dispute resolution clauses
Sarah Grimmer
10. The use of conciliation and litigation by the Hong Kong equal opportunities commission (EOC)
Anselmo Reyes and Wilson Lui
11. Multi-tier commercial dispute resolution processes in the United States
Thomas J. Stipanowich
12. Multi-tier dispute resolution clauses: an english perspective
Eva Lein
13. Multi-tier and mixed-method dispute resolution in Canada: from obscurity to prominence in a single generation
Joshua Karton and Michelle de Haas
14. Multi-tier dispute resolution in Australia: a tale of 'escalating' acceptance
Richard Garnett
15. Praised, but not practised: the EU's paradoxes of hybrid dispute resolution
Julien Chaisse
16. Multi-tier dispute resolution in Russia
Alexander Molotnikov
17. Multi-tier dispute resolution under OHADA Law
Justin Monsenepwo
18. Making multi-tier dispute resolution work
Anselmo Reyes
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