Combining Mediation and Arbitration in International Commercial Dispute Resolution

ISBN-13: 9780367589110 / Angielski / Miękka / 2020 / 279 str.

Dilyara Nigmatullina

Opis

Securing fast, inexpensive and enforceable redress is vital for the development of international commerce. The combined use of mediation and arbitration has emerged as a dispute resolution approach offering these benefits. This book investigates the value of the combined use of mediation and arbitration in commercial dispute resolution.

Spis treści

List of Figures

List of Tables

Acknowledgements

Part I. Introduction

1. Introduction

Part II. Theoretical Foundations

2. Key Combinations, Terms, and Definitions

3. Controversy Surrounding the Use of the Same Neutral (Arb)-Med-Arb: Advantages and Concerns Associated with the Practice

4. Influence of Practitioners’ Legal Culture on their Perception of the Same Neutral (Arb)-Med-Arb

Part III. The Empirical Study

5. Results of an Empirical Study of the Use of Mediation and Arbitration in Combination

Part IV. Solutions

6. Involvement of Different Neutrals in Combinations as a Way to Address Concerns Associated With the Same Neutral (Arb)-Med-Arb

7. Procedural Modifications of the Same Neutral (Arb)-Med-Arb as a Way to Address Concerns Associated with this Process

8. Safeguards for Using the Same Neutral (Arb)-Med-Arb as a Way to Address Concerns Associated with this Process

Part V. The Way Forward

9. Initiatives to Enhance the Use of the Same Neutral (Arb)-Med-Arb and other Combinations in International Commercial Dispute Resolution

Bibliography

Appendix 1: Definitions of Combinations

Appendix 2: Questionnaire on the Combined Use of Mediation and Arbitration in an International Commerical Context

Appendix 3: Semi-structured Interview Schedule

Index

O autorze

Dilyara Nigmatullina is an Arbitration and Mediation Consultant and an affiliated member of Academic Staff at the University of Antwerp Faculty of Law. She holds an LLM in International Commercial Arbitration Law from Stockholm University and a PhD in Law from the University of Western Australia.