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Author:   Anselmo Reyes ,  Weixia Gu (The University of Hong Kong)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.20cm , Height: 2.80cm , Length: 22.90cm
Weight:   0.779kg
ISBN:  

9781108796057

ISBN 10:   1108796052
Pages:   400
Publication Date:   16 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Multi-tier approaches to the resolution of international disputes: a global and comparative study Anselmo Reyes and Weixia Gu; 1. Mapping and assessing the rise of multi-tiered approaches to the resolution of international disputes across the globe: an introduction Weixia Gu; 2. A snapshot of national legislation on same neutral med-arb and arb-med around the globe Hiro N. Aragaki; 3. Combinations of mediation and arbitration: the case of China Weixia Gu; 4. The resolution of international commercial and financial disputes: hybrid dispute resolution in Hong Kong Julien Chaisse and Carrie Shu Shang; 5. Multi-tier dispute resolution: present situation and future developments in Taiwan Kuan-Ling Shen; 6. Perspectives and challenges of multi-tier dispute resolution in Japan Yuko Nishitani; 7. Might there be a future for multi-tiered dispute resolution in Korea? challenges and prospects Joongi Kim; 8. Combinations of mediation and arbitration: the Singapore perspective Man Yip; 9. HKIAC's experience of the use of multi-tier dispute resolution clauses Sarah Grimmer; 10. The use of conciliation and litigation by the Hong Kong equal opportunities commission (EOC) Anselmo Reyes and Wilson Lui; 11. Multi-tier commercial dispute resolution processes in the United States Thomas J. Stipanowich; 12. Multi-tier dispute resolution clauses: an english perspective Eva Lein; 13. Multi-tier and mixed-method dispute resolution in Canada: from obscurity to prominence in a single generation Joshua Karton and Michelle de Haas; 14. Multi-tier dispute resolution in Australia: a tale of 'escalating' acceptance Richard Garnett; 15. Praised, but not practised: the EU's paradoxes of hybrid dispute resolution Julien Chaisse; 16. Multi-tier dispute resolution in Russia Alexander Molotnikov; 17. Multi-tier dispute resolution under OHADA Law Justin Monsenepwo; 18. Making multi-tier dispute resolution work Anselmo Reyes.

Reviews

'International arbitration is suffering from resurgent costs and delays (or formalization), underpinning the growth of multi-tiered dispute resolution clauses - requiring parties first to attempt mediation. The 2019 Singapore Convention should promote this by facilitating cross-border enforcement of settlements, despite few ratifications so far. But growth also depends on whether and how local legal systems allow enforcement of the mediation or other agreed step before arbitration. This timely and authoritative book examines 11 jurisdictions, mostly in the vibrant Asia-Pacific region, and wider developments across two other regions (OHADA and the EU). Some chapters also discuss Arb-Med, where an arbitration is - still somewhat controversially - combined with active settlement facilitation. The experienced editors assemble an impressive team of 16 other experts, mostly professors but often considerable experience in practice, to offer an invaluable and unique resource for researchers, practitioners and policy-makers.' Professor Luke Nottage, Professor of Comparative and Transnational Business Law, University of Sydney & Williams Trade Law 'This book provides a rich and insightful comparative analysis of the treatment of multi-tier dispute resolution clauses, a topic previously under-examined in the literature. These clauses are both practically significant and raise important questions of principle regarding the interaction between different modes of dispute resolution, and this very welcome book will be an invaluable reference point for practitioners and academics alike.' Professor Alex Mills, Professor of Public and Private International Law, University College London

Author Information

Anselmo Reyes is an International Judge of the Singapore International Commercial Court. He was Professor of Legal Practice at the University of Hong Kong from 2012 to 2018 and is a Visiting Professor at Doshisha University in Kyoto. He was a judge of the Hong Kong High Court from 2003 to 2012. Weixia Gu is an Associate Professor of Law at the University of Hong Kong, a Co-Chair of the American Society of International Law (ASIL) Asia-Pacific Interest Group, and a Governing Council Member of the China Society of Private International Law, where she specialises in arbitration, dispute resolution and private international law.

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