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Multi-Tier Approaches to the Resolution of International Disputes

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

Hardback (16 Dec 2021)

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Publisher's Synopsis

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).

About the Publisher

Cambridge University Press

Cambridge University Press dates from 1534 and is part of the University of Cambridge. We further the University's mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence.

Book information

ISBN: 9781108490603
Publisher: Cambridge University Press
Imprint: Cambridge University Press
Pub date:
DEWEY: 341.52
DEWEY edition: 23
Language: English
Number of pages: 400
Weight: 921g
Height: 236mm
Width: 157mm
Spine width: 36mm