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).
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A Global and Comparative Study
Produktdetaljer
ISBN
9781108848176
Publisert
2021
Utgiver
Cambridge University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok