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.
Summary:
"There are many ways in which disputes can arise in the commercial world and there are just as many ways in which they can be resolved. Much as different modes of alternative dispute resolution have gained in popularity around the world, there has been growing interest in the combined use of such modes. The Queen Mary University of London and White & Case LLP 2018 International Arbitration Survey observes that 'there has been a significant increase in the combination of arbitration with ADR'.1 Nearly half of the participants2 in the 2018 survey preferred a hybrid approach, as compared to just 35% in the 2015 survey.3 This is unsurprising in view of the benefits of mediation as a prerequisite to arbitration.4 An initial mediation allows for a 'cooling off' between the parties, thereby avoiding an escalation of their dispute.5 It also has a filtering effect. It enables the parties to assess the relative strengths of their respective case. Even if only partly successful in resolving a dispute, it should result in only the truly contentious issues proceeding to arbitration, while everything else is resolved with the assistance of a skilled mediator.6 The 2018 survey indicates that, generally, commercial parties would rather avoid disputes and preserve established relationships"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.