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Contents
- Preliminary Material
- Main Text
- 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
- I Introduction
- II The Status Quo of Mediation under Investment Treaties (and Some Options outside Treaties)
- III The New Status Quo under Institutional Rules
- IV Investment Mediation as a Complementary Mechanism for Dispute Settlement
- V The Role of Consent in Investment Mediation
- VI Some Challenges
- VII Conclusion
- 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
- I Introduction: ICDR Background Information
- II The International Mediation Caseload
- III The Agreement to Mediate
- IV The Mediation Proceeding
- V The ICDR’S Experiences Identifying Cases Suitable for Mediation
- VI The ICDR’s Roster of Mediators
- VII Mediator Characteristics Most Frequently Sought by Parties
- VIII Vision for the Future
- 7 The ICSID Conciliation Rules in Practice
- I Introduction
- II Historical Context and Drafting History
- III Similarities between ICSID Arbitration and Conciliation
- IV Differences between ICSID Arbitration and Conciliation
- V ICSID Conciliation in Practice
- A Institution of Conciliation Proceedings
- B Constitution of the Conciliation Commission
- C Function and Role of the Conciliation Commission
- D Parties’ Obligation to Cooperate
- E The Conciliation Procedure
- F Objections to Jurisdiction
- G Outcomes
- H Confidentiality and without Prejudice Principle
- I Representation, Procedural Languages, Duration, and Costs
- J Relationship between ICSID Conciliation and ICSID Arbitration
- VI Amicable Dispute Settlement: An Outlook
- 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
- I Introduction
- II Mediation Directive 2008/52
- A Context of the European Mediation Directive
- B Short Overview of the Mediation Directive
- C Evaluation of the Implementation of the Mediation Directive in National Law
- III Mediation in Consumer Disputes
- IV Cross-Border Enforceability of Settlement Agreements
- V Concluding Remarks: The Future of Cross-Border Commercial Dispute Resolution 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
- I Introduction
- II Main Features of ADR
- III WIPO Arbitration and Mediation Center
- IV WIPO ADR Options
- V The Role of the WIPO Center
- VI WIPO Mediation Rules
- VII Submission of disputes to WIPO Mediation
- VIII Stages of a Dispute at which WIPO Mediation May Be Used
- IX Principal Stages in a WIPO Mediation
- X Conclusion
- 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
- I Introduction
- II The Confidentiality and Transparency Debate
- III Confidentiality and Transparency in Commercial and Investment Mediation
- IV Future Role for Mediation in International Commercial and Investment Dispute Settlement
- V Conclusion
- 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
- I Introduction
- II Initiating the Mediated Settlement Project
- III Process Story: Multi-Party Negotiations at Working Group II
- IV Substantive Story: Key Issues and How They Were Resolved
- A Article 1. Scope of Application
- B Article 2. Definitions
- C Article 4. Requirements for Reliance on Settlement Agreements
- D Article 5. Grounds for Refusing to Grant Relief
- E ‘The Compromise’
- 1 Opt-out provision (Articles 8(1)(a) and (b) of the Draft Convention)
- 2 Grounds for refusing to grant relief based on mediator behaviour (Articles 5(e) and (f) of the Draft Convention)
- 3 Avoid Overlap with Other Enforcement Regimes (Article 1(3) of the Draft Convention)
- 4 Defining ‘Recognition and Enforcement’ (Article 3 of the Draft Convention)
- 5 Two options for states: convention or model law
- V Conclusion—What’s Next?
- Appendix A United Nations Convention on International Settlement Agreements Resulting from Mediation
- Part I Commercial and Investment Mediation: Boundaries, Trends, and Outlook
- Further Material