Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Anselmo Reyes is an International Judge of the Singapore International Commercial Court. He was Professor of Legal Practice at the University of Hong Kong from 2012 to 2018 and is a Visiting Professor at Doshisha University in Kyoto. He was a judge of the Hong Kong High Court from 2003 to 2012.

Weixia Gu is an Associate Professor of Law at the University of Hong Kong, a Co-Chair of the American Society of International Law (ASIL) Asia-Pacific Interest Group, and a Governing Council Member of the China Society of Private International Law, where she specialises in arbitration, dispute resolution and private international law.