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Mediation in international commercial and investment disputes / edited by Catharine Titi, Katia Fach Gómez.

Contributor(s): Publisher: Oxford : Oxford University Press, 2019Edition: First editionDescription: xii, 395 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780198827955
Subject(s): DDC classification:
  • 341.5223
Contents:
Foreword - List of Contributors - Part I COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS, AND OUTLOOK: 1. The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges - 2. Mediation and the Settlement of International Investment Disputes: Between Utopia and Realism - 3. Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis - 4. Concurrent Co-Mediation: Toward a More Collaborative Centre of Gravity in Investor–State Dispute Resolution - Part II MEDIATION RULES AND MEDIATION IN PRACTICE : 5. ICC Mediation: Paving the Way Forward - 6. The International Centre for Dispute Resolution’s Mediation Practice and Experience - 7. The ICSID Conciliation Rules in Practice - 8. Political Risk Insurance and Mediation - 9. The Growing Importance of Regional Mediation Centres in Asia - 10. Mediation of Cross-Border Commercial Disputes in the European Union - PART III SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES: 11. Mediation of Financial Disputes - 12. Mediating Sovereign Debt Disputes - 13. Mediating International Energy Disputes - 14. WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts - 15. Mediation and Other ADR in International Construction Disputes - Part IV SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES: 16. Selection of Mediators - 17. The Confidentiality and Transparency Debate in Commercial and Investment Mediation - 18. Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach - 19. New Singapore Convention on Cross-Border Mediated Settlements: Key Choices - Index.
Summary: 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.
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Item type Current library Shelving location Call number Materials specified Status Notes Barcode
BOOKs . New Arrival - Display Area 341.5223 TIT (Browse shelf(Opens below)) HB Not For Loan Recommended by Dr. Mohammad Umar 40421

Includes bibliographical references and index.

Foreword -
List of Contributors -
Part I COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS, AND OUTLOOK:
1. The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges -
2. Mediation and the Settlement of International Investment Disputes: Between Utopia and Realism -
3. Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis -
4. Concurrent Co-Mediation: Toward a More Collaborative Centre of Gravity in Investor–State Dispute Resolution -
Part II MEDIATION RULES AND MEDIATION IN PRACTICE :
5. ICC Mediation: Paving the Way Forward -
6. The International Centre for Dispute Resolution’s Mediation Practice and Experience -
7. The ICSID Conciliation Rules in Practice -
8. Political Risk Insurance and Mediation -
9. The Growing Importance of Regional Mediation Centres in Asia -
10. Mediation of Cross-Border Commercial Disputes in the European Union -
PART III SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES:
11. Mediation of Financial Disputes -
12. Mediating Sovereign Debt Disputes -
13. Mediating International Energy Disputes -
14. WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts -
15. Mediation and Other ADR in International Construction Disputes -
Part IV SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES:
16. Selection of Mediators -
17. The Confidentiality and Transparency Debate in Commercial and Investment Mediation -
18. Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach -
19. New Singapore Convention on Cross-Border Mediated Settlements: Key Choices -
Index.

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.