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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

作者： Anselmo Reyes; Weixia Gu
出版商： Cambridge University Press
ISBN: 9781108796057
出版时间 December 2021
规格： Paperback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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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).
- Provides a comprehensive global survey of multi-tier dispute resolution, drawing comparisons and contrasts between the views and approaches in the East and the West
- Includes detailed country reports and case studies from expert contributors around the world, allowing readers to confidently understand how multi-tier dispute resolution are used
- Examines thoroughly the idea of multi-tier dispute resolution by considering its theoretical underpinnings, advantages and disadvantages, combined with practical observations from the contributors
Multi-tier approaches to the resolution of international disputes: a global and comparative study Anselmo Reyes and Weixia Gu
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.
'International arbitration is suffering from resurgent costs and delays (or formalization), underpinning the growth of multi-tiered dispute resolution clauses – requiring parties first to attempt mediation. The 2019 Singapore Convention should promote this by facilitating cross-border enforcement of settlements, despite few ratifications so far. But growth also depends on whether and how local legal systems allow enforcement of the mediation or other agreed step before arbitration. This timely and authoritative book examines 11 jurisdictions, mostly in the vibrant Asia-Pacific region, and wider developments across two other regions (OHADA and the EU). Some chapters also discuss Arb-Med, where an arbitration is – still somewhat controversially – combined with active settlement facilitation. The experienced editors assemble an impressive team of 16 other experts, mostly professors but often considerable experience in practice, to offer an invaluable and unique resource for researchers, practitioners and policy-makers.' Professor Luke Nottage, Professor of Comparative and Transnational Business Law, University of Sydney & Williams Trade Law

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