Multi-tier approaches to the resolution of international disputes : a global and comparative study / edited by Anselmo Reyes, Weixia Gu.

Format:

Book

Contributor:

Reyes, Anselmo, editor.

Gu, Weixia, editor.

Language:

English

Subjects (All):

Dispute resolution (Law).

International commercial arbitration.

Arbitration (International law).

Physical Description:

1 online resource (l, 493 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2022.

Summary:

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).

Contents:

Mapping and assessing the rise of multi-tiered approaches to the resolution of international disputes across the globe : an introduction / Weixia Gu

A snapshot of national legislation on same neutral med-arb and arb-med around the globe / Hiro N Aragaki

Combinations of mediation and arbitration : the case of China / Weixia Gu

The resolution of international commercial and financial disputes : hybrid dispute resolution in Hong Kong / Julien Chaisse and Carrie Shu Shang

Multi-tier dispute resolution : present situation and future developments in Taiwan / Kuan-Ling Shen

Perspectives and challenges of multi-tier dispute resolution in Japan / Yuko Nishitani

Might there be a future for multi-tiered dispute resolution in Korea? challenges and prospects / Joongi Kim

Combinations of mediation and arbitration : the Singapore perspective / Man Yip B.

HKIAC's experience of the use of multi-tier dispute resolution clauses / Sarah Grimmer

The use of conciliation and litigation by the Hong Kong Equal Opportunities Commission (EOC) / Anselmo Reyes and Wilson Lui

Multi-tier commercial dispute resolution processes in the United States / Thomas J Stipanowich

Multi-tiered dispute resolution clauses : an English perspective / Eva Lein

Multi-tier and mixed-method dispute resolution in Canada : from obscurity to prominence in a single generation / Joshua Karton and Michelle de Haas

Multi-tier dispute resolution in Australia : a tale of 'Escalating' acceptance / Richard Garnett

Praised, but not practised : the EU's paradoxes of hybrid dispute resolution / Julien Chaisse

Multi-tier dispute resolution in Russia / Alexander Molotnikov

Multi-tier dispute resolution under OHADA law / Justin Monsenepwo

Making multi-tier dispute resolution work / Anselmo Reyes.

Notes:

Title from publisher's bibliographic system (viewed on 09 Dec 2021).

ISBN:

9781108846516

1108846513

9781108848176

1108848176

9781108854306

1108854303

OCLC:

1482814364