Publication Type
Book Chapter
Version
submittedVersion
Publication Date
12-2022
Abstract
Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between them in a more time and cost-efficient manner, and with a stronger focus on the commercial interest of the parties. Mediation is one of these mechanisms. This chapter provides an overview of the basic concepts of mediation; how it distinguishes itself from but can also be employed together with other dispute resolution mechanisms such as, in particular, arbitration; the legal framework; and practical guidelines when drafting a mediation agreement in the context of international commercial contracts.
Discipline
Contracts | Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
International Commercial Contracts: Law and Practice
Editor
Petra Butler
First Page
1
Last Page
35
ISBN
9780198809548
Publisher
Oxford University Press
Citation
ALEXANDER, Nadja and TUNKEL, Natasha.
International commercial mediation and dispute resolution contracts. (2022). International Commercial Contracts: Law and Practice. 1-35.
Available at: https://ink.library.smu.edu.sg/sol_research/3356
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.