| Description |
1 online resource |
| Series |
Routledge research in international commercial law |
| Contents |
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Figures; Tables; Acknowledgements; Part I Introduction; 1 Introduction; Part II Theoretical foundations; 2 Key combinations, terms, and definitions; 2.1 Introduction; 2.2 Med-arb, the same neutral med-arb, and diff neutral med-arb; 2.2.1 Lack of clarity surrounding the term 'med-arb'; 2.2.1.1 Med-arb as a process conducted by a dual role neutral; 2.2.1.2 Med-arb as a process conducted by a dual role neutral or differentneutrals; 2.2.1.2.1 Identifying original/typical med-arb |
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2.2.1.2.2 Distinguishing variations within med-arb: the same neutral med-arb and diff neutral med-arb2.2.2 Definition of med-arb, the same neutral med-arb, and diff neutral med-arb for the purposes of this book; 2.3 Combinations other than med-arb and their definitions; 2.3.1 Arb-med; 2.3.2 Arb-med-arb; 2.3.3 MEDALOA; 2.3.4 Co-med-arb; 2.3.5 Other combinations; 2.3.6 Definition of arb-med, arb-med-arb, MEDALOA, co-med-arb, and the same neutral (arb)-med-arb for the purposes of this book; 2.4 Conclusion |
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3 Controversy surrounding the use of the same neutral (arb)-med-arb: Advantages and concerns associated with the process3.1 Introduction; 3.2 Advantages associated with the same neutral (arb)-med-arb; 3.2.1 Efficiency; 3.2.1.1 Same neutral med-arb v. same neutral arb-med-arb; 3.2.2 Finality and legal enforceability; 3.2.2.1 UNCITRAL's consideration of instruments on enforcement of mediated settlement agreements; 3.2.2.2 Current situation with enforcement of mediated settlement agreements; 3.2.2.3 Same neutral med-arb v. same neutral arb-med-arb; 3.2.3 Quality of the outcome; 3.2.4 Flexibility |
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3.2.5 Incentive to settle3.2.6 Parties' more honest behaviour; 3.3 Concerns associated with the same neutral (arb)-med-arb; 3.3.1 Behavioural concerns; 3.3.1.1 Parties' reluctance to be open in mediation; 3.3.1.2 Inhibited conduct of a mediator; 3.3.1.3 Tactical use of mediation; 3.3.1.4 Power of a dual role neutral and a threat of coercion; 3.3.2 Procedural concerns; 3.3.2.1 Bias of a dual role neutral; 3.3.2.2 Breach of due process; 3.4 The challenging task of a dual role neutral in the same neutral (arb)-med-arb; 3.5 Conclusion |
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4 Influence of practitioners' legal culture on their perception and use of the same neutral (arb)-med-arb4.1 Introduction; 4.2 The influence of the practice of the judiciary on the perception and use of the same neutral (arb)-med-arb; 4.2.1 The German approach to facilitating settlement; 4.3 The influence of the way disputes are resolved on the perception and use of the same neutral (arb)-med-arb; 4.3.1 Chinese practice of the combined role of a mediator and an arbitrator; 4.3.2 Japanese practice of the combined role of a mediator and an arbitrator |
| Notes |
Print version record |
| Subject |
International commercial arbitration.
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Mediation.
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Dispute resolution (Law)
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mediation.
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LAW -- International.
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Dispute resolution (Law)
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International commercial arbitration
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Mediation
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| Form |
Electronic book
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| ISBN |
9781351068628 |
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1351068628 |
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