Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

"There are many ways in which disputes can arise in the commercial world and there are just as many ways in which they can be resolved. Much as different modes of alternative dispute resolution have gained in popularity around the world, there has been growing interest in the combined use of such modes. The Queen Mary University of London and White & Case LLP 2018 International Arbitration Survey observes that 'there has been a significant increase in the combination of arbitration with ADR'.1 Nearly half of the participants2 in the 2018 survey preferred a hybrid approach, as compared to just 35% in the 2015 survey.3 This is unsurprising in view of the benefits of mediation as a prerequisite to arbitration.4 An initial mediation allows for a 'cooling off' between the parties, thereby avoiding an escalation of their dispute.5 It also has a filtering effect. It enables the parties to assess the relative strengths of their respective case. Even if only partly successful in resolving a dispute, it should result in only the truly contentious issues proceeding to arbitration, while everything else is resolved with the assistance of a skilled mediator.6 The 2018 survey indicates that, generally, commercial parties would rather avoid disputes and preserve established relationships"--

This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.