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

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

Author: Anselmo Reyes; Weixia Gu
Publisher: Cambridge University Press
ISBN: 9781108490603
Published In: December 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

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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).

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