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Title
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Aligning dispute resolution processes with global demands for change : enhancing the use of mediation and arbitration in combination
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Author
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Abstract
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| Prioritising the use of non-adjudicative and adjudicative processes in combination, including the use of mediation in combination with arbitration (combinations) emerged from the Global Pound Conference Series 2016-17 (GPC) survey as an indispensable step towards improving the future of commercial dispute resolution. The results of the author’s empirical study on combinations (reported and discussed in her 2016 article in the J. Int. Arb. 33(1), pp. 37-82) similarly demonstrated the desirability of the wider use of combinations in the future. More specifically, the results revealed a contrast between positive perceptions of combinations and the relatively low extent of their use. This invited further enquiry into the ways of enhancing the use of combinations in international commercial dispute resolution. The need for this kind of enquiry is reinforced by the mentioned result of the GPC survey. The investigation of the initiatives to enhance the use of combinations is the focus of this article. The use of combinations can be supported through the adoption of legislation and the elaboration of international guidelines. Dispute resolution institutions can also take on a greater role in promoting the use of combinations. However, to be truly effective, the adoption of legislation, elaboration of international guidelines, and active promotion of combinations by dispute resolution institutions need to be accompanied by continuous efforts to build the capacity of dispute resolution practitioners. |
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Language
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English
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Source (journal)
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b-Arbitra : Belgisch tijdschrift voor arbitrage / CEPANI [Brussels]; CEPINA [Brussel] - Brussel, 2013 - 2017
b-Arbitra : Belgisch tijdschrift voor arbitrage / CEPANI [Brussels]; CEPINA [Brussel] - Mechelen, 2017, currens
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Publication
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Brussel
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Bruylant
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2019
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ISSN
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2295-6107
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Volume/pages
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1
(2019)
, p. 7-51
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