1st Edition

Comparative and Transnational Dispute Resolution

Edited By Shahla Ali Copyright 2023
    270 Pages 11 B/W Illustrations
    by Routledge

    270 Pages 11 B/W Illustrations
    by Routledge

    This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years.

    Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research.

    With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

    1. Introduction, Shahla ALI Section I 2: The Problem of Method in the Study of Transnational Dispute Resolution, Matthew S. ERIE 3: Modes of Dispute Resolution: Exploring Issues in the Range, Michael PALMER 4: Advancing Research and Practice in the Governance of Dispute Resolution Institutions through Inclusive Devolved Reflection, Shahla ALI Section II 5: Comparative Judicial Conflict Resolution (JCR): Between Summary Trials and ADR, Michal ALBERSTEIN 6: The Challenges of Developing Global Ethical Standards for Mediation Practice, Lola Akin OJELABI Section III 7: International Comparative Mediation Law: Hong Kong and Singapore in Perspective, Nadja ALEXANDER 8: Environmental Mediation and Facilitation in Italy: Theoretical Insights and Practical Experience on Non-Adjudicative Mechanisms and "Total Conflicts" Luiji COMINELLI, Eleonora CISCATO, Stefania LATTUILLE 9: Comparative Analysis of the Singapore Convention in Light of the New York and Hague Choice of Court Conventions, Xianto WEN (with an introduction by Susan FINDER) Section IV 10: Flexibility and Authority: Keys for Informal Justice to Succeed, Xin HE, Yang SU 11: Wearing Two Hats: Problems of "In-Trial" Mediation in China, Kwai Hang NG 12: Thinking about Consumer Mediation in China: Some Examples from Shenzhen, Ling ZHOU


    Shahla Ali is Professor and Associate Dean (International) and Director of the LLM in Arbitration and Dispute Resolution in the Faculty of Law at the University of Hong Kong. Her research and practice centre on questions of governance, development and the resolution of cross-border disputes in the Asia Pacific region.

    ‘An extraordinary collection of comparative perspectives is presented in this engaging book. It is arguably more important than at any time in the past, given increasing globalisation, to consider what current themes and approaches exist across jurisdictions that can enable us all to deal with disputes effectively. It is a delight to read and engage with the perspectives of these outstanding thinkers.’

    Prof. Tania Sourdin, Dean and Head of School, Newcastle Law School

    Anyone engaged in the serious study of legal dispute resolution should not only read this book, but also keep it at hand. Dispute resolution students, scholars, practitioners, and policymakers—especially but not only those working across borders—will find striking insights and actionable wisdom about how to research, design, and reform effective dispute resolution systems.’

    Dr. Joshua Karton, Associate Professor, Queen’s University Faculty of Law

    "This pathbreaking book brings new perspectives to the study of comparative and transnational alternative dispute resolution. It promises to change the way with we understand the laws, systems, and institutions undergirding the global practice of mediation, arbitration, and other extra-judicial methods."

    Dr. Zach Calo, Professor of Law, Hamad bin Khalifa University College of Law and Public Policy