Mediation in international commercial and investment disputes
"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."--Page 4 de la couverture
Print Book, English, 2019
First Edition View all formats and editions
Oxford University Press, Oxford, United Kingdom, 2019
xii, 395 pages ; 24 cm.
9780198827955, 0198827954
1127827171
Edna Sussman: ForewordPart I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK1: Katia Fach Gómez: The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges2: Catharine Titi: Between Utopia and Realism: Mediation and the Settlement of Investment Disputes3: S. I. Strong: Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis4: Jack J. Coe, Jr.: Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute ResolutionPart II. MEDIATION RULES AND MEDIATION IN PRACTICE5: Alina Leoveanu and Andrija Erac: ICC Mediation: Paving the Way Forward6: Eric Tuchmann, Tracey B. Frisch, Giovanna Micheli, and Yanett Quiroz: The International Centre for Dispute Resolution´s Mediation Practice and Experience7: Frauke Nitschke: The ICSID Conciliation Rules in Practice8: Kaj Hobér: Political Risk Insurance and Mediation9: Danny McFadden: The Growing Importance of Regional Mediation Centres in Asia10: Karen Vandekerckhove: Mediation of Cross-Border Commercial Disputes in the European UnionPart III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES11: Ilaria Forestieri and Philipp Paech: Mediation of Financial Disputes12: Calliope Sudborough: Mediating Sovereign Debt Disputes13: Peter Cameron and Abba Kolo: Mediating International Energy Disputes14: Heike Wollgast and Ignacio de Castro: WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts15: Alberto Fortún and Alfonso Iglesia: Mediation and Other ADR in International Construction DisputesPART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES16: Charles H. Brower II: Selection of Mediators17: Chester Brown and Phoebe Winch: The Confidentiality and Transparency Debate in Commercial and Investment Mediation18: Joe Tirado and Elisa Vicente Maravall: Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach19: Hal Abramson: New Singapore Convention on Cross-Border Mediated Settlements: Key Choices