Mediation in International Commercial and Investment Disputes
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Product details:
- Publisher OUP Oxford
- Date of Publication 30 July 2019
- ISBN 9780198827955
- Binding Hardback
- No. of pages408 pages
- Size 240x162x31 mm
- Weight 784 g
- Language English 0
Categories
Short description:
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical subject from a variety of angles.
MoreLong description:
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore.
Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing.
Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
In sum, the volume masterfully situates the reader within the existing discourse in the field of mediation. It is useful for academics and practitioners alike who look for a study to delve deeper into the nature of mediation.
Table of Contents:
Foreword
Part I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK
The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges
Between Utopia and Realism: Mediation and the Settlement of Investment Disputes
Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis
Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution
Part II. MEDIATION RULES AND MEDIATION IN PRACTICE
ICC Mediation: Paving the Way Forward
The International Centre for Dispute Resolution´s Mediation Practice and Experience
The ICSID Conciliation Rules in Practice
Political Risk Insurance and MediationThe Growing Importance of Regional Mediation Centres in Asia
Mediation of Cross-Border Commercial Disputes in the European Union
Part III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
Mediation of Financial Disputes
Mediating Sovereign Debt Disputes
Mediating International Energy Disputes
WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts
Mediation and Other ADR in International Construction Disputes
PART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
Selection of Mediators
The Confidentiality and Transparency Debate in Commercial and Investment Mediation
Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach
New Singapore Convention on Cross-Border Mediated Settlements: Key Choices
