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Look Inside Multi-Tier Approaches to the Resolution of International Disputes

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

$59.99 (P)

  • Editors:
  • Anselmo Reyes, Singapore International Commercial Court and Doshisha University, Kyoto
  • Weixia Gu, The University of Hong Kong
Anselmo Reyes, Weixia Gu, Hiro N. Aragaki, Julien Chaisse, Carrie Shu Shang, Kuan-Ling Shen, Yuko Nishitani, Joongi Kim, Man Yip, Sarah Grimmer, Anselmo Reyes, Wilson Lui, Thomas J. Stipanowich, Eva Lein, Joshua Karton, Michelle de Haas, Richard Garnett, Alexander Molotnikov, Justin Monsenepwo
View all contributors
  • Publication planned for: December 2021
  • availability: Not yet published - available from December 2021
  • format: Paperback
  • isbn: 9781108796057

$ 59.99 (P)
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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
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    Reviews & endorsements

    '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

    'This book provides a rich and insightful comparative analysis of the treatment of multi-tier dispute resolution clauses, a topic previously under-examined in the literature. These clauses are both practically significant and raise important questions of principle regarding the interaction between different modes of dispute resolution, and this very welcome book will be an invaluable reference point for practitioners and academics alike.' Professor Alex Mills, Professor of Public and Private International Law, University College London

    'Multi-tiered dispute resolution clauses are the new norm: and this is the one book you have to turn to if you want to understand them, and this irrespective of where you practice.' Professor Franco Ferrari, Director, Center for Transnational Litigation, Arbitration, and Commercial Law, NYU School of Law

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    Product details

    • Publication planned for: December 2021
    • format: Paperback
    • isbn: 9781108796057
    • length: 400 pages
    • dimensions: 229 x 152 mm
    • availability: Not yet published - available from December 2021
  • Table of Contents

    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.

  • Editors

    Anselmo Reyes, Singapore International Commercial Court and Doshisha University, Kyoto
    Anselmo Reyes is an International Judge of the Singapore International Commercial Court. He was Professor of Legal Practice at the University of Hong Kong from 2012 to 2018 and is a Visiting Professor at Doshisha University in Kyoto. He was a judge of the Hong Kong High Court from 2003 to 2012.

    Weixia Gu, The University of Hong Kong
    Weixia Gu is an Associate Professor of Law at the University of Hong Kong, a Co-Chair of the American Society of International Law (ASIL) Asia-Pacific Interest Group, and a Governing Council Member of the China Society of Private International Law, where she specialises in arbitration, dispute resolution and private international law.

    Contributors

    Anselmo Reyes, Weixia Gu, Hiro N. Aragaki, Julien Chaisse, Carrie Shu Shang, Kuan-Ling Shen, Yuko Nishitani, Joongi Kim, Man Yip, Sarah Grimmer, Anselmo Reyes, Wilson Lui, Thomas J. Stipanowich, Eva Lein, Joshua Karton, Michelle de Haas, Richard Garnett, Alexander Molotnikov, Justin Monsenepwo

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