Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study [Hardcover]

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.This book explores multi-tier dispute resolution (MDR) as an increasingly popular means to resolve disputes. For scholars, legal practitioners and policy makers, it includes a global survey of MDR, detailed country reports and case studies authored by experts in Asia and the wider world, with insightful observations and suggestions throughout.This book explores multi-tier dispute resolution (MDR) as an increasingly popular means to resolve disputes. For scholars, legal practitioners and policy makers, it includes a global survey of MDR, detailed country reports and case studies authored by experts in Asia and the wider world, with insightful observations and suggestions throughout.Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).Multi-tier approaches to the resolution of international disputes: a global and comparative study Anselmo Reyes and Weixia Gu; 1. Mapping and assessing thel³R