Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.
Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.
Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.
Table of Contents
List of Figures
List of Tables
Part I. 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
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
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.