Press article |
Combination of arbitration and mediation during the resolution of commercial disputes
"At one point known to be simple and flexible, arbitration of commercial disputes is becoming more and more complex and cumbersome. The expenses of the parties are growing, while the proceedings take longer. In the final analysis, its popularity among users is falling. One of the possible solutions to this problem is the combination of arbitration with other alternative dispute resolution methods. The combination of arbitration and mediation, which already has an exemplary track record in the USA, Western Europe and Southeast Asia, is very effective. This article considers the combination of arbitration and mediation (particular attention is paid to the arb-med-arb model), its various forms, advantages and disadvantages. It analyzes the problems arising if arbitration and mediation are combined: whether the principle of due process is observed; whether arbitrators remain impartial when exercising the functions of mediator; and whether it is possible to enforce the mediation clause. It studies effective legal regulation of the combination of arbitration and mediation in Russia and the prospects regarding further use of this institution related to the reform of mediation being carried out in Russia..."
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This article is in Russian.
Combination of arbitration and mediation during the resolution of commercial disputes.pdf