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Med-arbにおける仲裁人のジレンマ

Med-arbにおける仲裁人のジレンマ
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Reflections On Culture In Med-Arb

SSRN Electronic Journal, 2010
This chapter challenges preconceptions about the role that culture may play in the success or failure of med-arb in international commercial arbitration and examines how arbitration laws might be adjusted to better accommodate med-arb. Med-arb is widely defined in alternative dispute resolution (ADR) literature.
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Efficient Arb-Med-Arb Proceedings: Should the Arbitrator also be the Mediator?

Journal of International Arbitration, 2021
The demand for hybrid proceedings combining elements of arbitration proceedings and mediation is growing continuously. The reason for this is the parties’ desire to make dispute resolution more efficient. A special type of hybrid proceedings are ‘arb-med-arb’ proceedings.
Anika Wendelstein, Dorothee Ruckteschler
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European Perspectives on Enforcement of Med-Arb Clauses and Med-Arb Awards

Corporate Mediation Journal, 2018
European Perspectives on Enforcement of Med-Arb Clauses and Med-Arb Awards In Europe, mediation has historically taken a facilitative approach. It is therefore no surprise that Med-Arb – a hybrid dispute resolution mechanism combining elements of mediation and arbitration – is not high on the agenda of European politicians, academics and ...
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MED-ARB: New Coke or Swatch?

Arbitration International, 1997
Mediation followed by arbitration is an alternate dispute resolution (ADR) method favoured by some US practitioners. Is it an idea whose time will come in Europe, or rather a peculiarly US institution? There has been increasing interest recently in Alternative Dispute Resolution (ADR) methods.1 Many of these methods owe their recent visibility and ...
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'Med Arb': A Novel ADR Approach

SSRN Electronic Journal, 2016
Dissatisfaction with court-centred resolution of disputes has long been articulated by critics who regard it as, amongst other things, unfair, unduly formal, and exclusive. There are five traditional methods of disputes resolution in the ADR arena, these are: negotiation, mediation, arbitration, conciliation and judicial settlement. In India, so far as
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Some Limits to Apply Chinese Med-Arb Internationally

SSRN Electronic Journal, 2010
Recently combined arbitration and mediation processes have been gaining in appeal as parties seek to resolve disputes more expeditiously and at reduced costs. Issues relating to confidentiality, procedural due process and the effectiveness of the mediation step in such a hybrid process have been the subject of several law review articles.
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Med‐Arb Agreements since Thione: A Practice Update

Alternatives to the High Cost of Litigation, 2015
In 2008, we published an article exploring the potential for federal courts to conclude that mediation and arbitration, or med‐arb, agreements did not qualify as “arbitration” under the Federal Arbitration Act. 9 U.S.C. § 2 (2011). See David J. McLean & Sean‐Patrick Wilson, “Compelling Mediation in the Context Med‐Arb Agreements,” 63 Dispute ...
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Back to med‐arb: Survey indicates process concerns are decreasing

Alternatives to the High Cost of Litigation, 2008
AbstractGerald F. Phillips, of Los Angeles, polled dozens of leading arbitrators and mediators in an attempt to gauge the profession's current comfort level with med‐arb. In this month's cover story at right–Part I of II–he analyzes how providers view the occasional use of the mediator for an arbitration to finalize agreement terms.
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