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Reflections On Culture In Med-Arb

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Chapter Summary

This chapter challenges preconceptions about the role that culture may play in the success or failure of med-arb in international commercial arbitration and examines how arbitration laws might be adjusted to better accommodate med-arb. Med-arb is widely defined in alternative dispute resolution (ADR) literature. ADR is a user-driven system of dispute resolution that is intimately linked to the demands of the users of the system. The chapter begins by designating as med-arb any dispute that may potentially be arbitrated but that may also be subject to mediation before, during, or after the arbitration. A more useful approach when considering whether to pursue med-arb is to embark on a fact intensive investigation into the cultural attitudes of the specific litigant and its counsel, and to consider other practical issues such as the enforceability of a med-arb outcome in the national jurisdiction in which assets are located.

Keywords: alternative dispute resolution (ADR); arbitration laws; culture; international commercial arbitration; med-arb



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