Academic Publications
Edited Books
Oxford University Press, 2019, 395 pages
Foreword by Edna Sussman (Distinguished ADR Practitioner in Residence by the Fordham University School of Law)
About this book
In recent decades, the resolution of international commercial and investment disputes has been dominated by international arbitration. Mediation and conciliation have remained quietly in the background. While a complementary mechanism, international mediation and conciliation start to have wide currency compared to the past. Mediation rules that have been in disuse begin to gain momentum, dispute settlement centres introduce and promote new mediation rules; the European Union is encouraging international mediation both in the commercial and investment sphere, and mediation provisions are included in secondary EU legislation and in the new EU international investment agreements (IIAs); a new initiative in the United Nations Commission on International Trade Law (UNCITRAL) aims to ensure enforcement of international commercial settlement agreements resulting from conciliation; the first investor-state disputes are mediated under the 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. As a consequence, academics, investment treaty negotiators, lawyers and disputing parties are becoming increasingly aware of this alternative method of dispute settlement. This book addresses this theme that has never before been so topical. It addresses the subject in all its complexity from a variety of angles.
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.
Reviews
“In sum, the volume masterfully situates the reader within the existing discourse in the field of mediation. It is useful for academics and practitioners alike who look for a study to delve deeper into the nature of mediation.”
(Ksenia Polonskaya, Leiden Journal of International Law 34, 2021).
“I am very pleased to recommend this book to anyone who has an interest in the practice of international mediation. The book is a must-read for those practitioners who need to provide advice to clients in the use of ADR, and particularly on the benefits of mediation for cross-border disputes. From an academic standpoint, it could become a textbook for researchers and students in ADR.” (Margie-Lys Jaime, The International Journal of Arbitration, Mediation & Dispute Management, volumen 87, 2021).
“Thirty outstanding international experts from academia, mediation and arbitration institutions, and international legal practice, address this complex subject from various angles in 20 excellent and inspirational contributions.” (Martin Hauser, ICC Dispute Resolution Bulletin 2020-2).
“… a brilliant collection of essays by outstanding, highly qualified experts from academia, mediation arbitration institutions, and international legal practice, who address this subject, in all its complexity, from a variety of angles.”
( Gracious Timothy Dunna, ICSID Review – Foreign Investment Law Journal 35, 1-2, 2020).
