Mediation in International Commercial and Investment Disputes

Catharine Titi (Redaktør) ; Katia Fach Gomez (Redaktør)

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. Les mer
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Leveringstid: Sendes innen 21 dager

Om boka

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.

Fakta

Innholdsfortegnelse

Edna Sussman: Foreword
Part I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK
1: Katia Fach Gomez: The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges
2: Catharine Titi: Between Utopia and Realism: Mediation and the Settlement of Investment Disputes
3: S. I. Strong: Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis
4: Jack J. Coe, Jr.: Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution
Part II. MEDIATION RULES AND MEDIATION IN PRACTICE
5: Alina Leoveanu and Andrija Erac: ICC Mediation: Paving the Way Forward
6: Eric Tuchmann, Tracey B. Frisch, Giovanna Micheli, and Yanett Quiroz: The International Centre for Dispute Resolutions Mediation Practice and Experience
7: Frauke Nitschke: The ICSID Conciliation Rules in Practice
8: Kaj Hober: Political Risk Insurance and Mediation
9: Danny McFadden: The Growing Importance of Regional Mediation Centres in Asia
10: Karen Vandekerckhove: Mediation of Cross-Border Commercial Disputes in the European Union
Part III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
11: Ilaria Forestieri and Philipp Paech: Mediation of Financial Disputes
12: Calliope Sudborough: Mediating Sovereign Debt Disputes
13: Peter Cameron and Abba Kolo: Mediating International Energy Disputes
14: Heike Wollgast and Ignacio de Castro: WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts
15: Alberto Fortun and Alfonso Iglesia: Mediation and Other ADR in International Construction Disputes
PART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
16: Charles H. Brower II: Selection of Mediators
17: Chester Brown and Phoebe Winch: The Confidentiality and Transparency Debate in Commercial and Investment Mediation
18: Joe Tirado and Elisa Vicente Maravall: Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach
19: Hal Abramson: New Singapore Convention on Cross-Border Mediated Settlements: Key Choices

Om forfatteren

Catharine Titi is Research Associate Professor at the French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Pantheon-Assas, France.

Katia Fach Gomez is Tenured Professor (Profesora Titular) at the Law School, University of Zaragoza, Spain.