ALTERNATIVE DISPUTE RESOLUTION IN INTERNATIONAL BUSINESS Professor A F M Maniruzzaman University of - PowerPoint PPT Presentation

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ALTERNATIVE DISPUTE RESOLUTION IN INTERNATIONAL BUSINESS Professor A F M Maniruzzaman University of

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ADR in International Business. Types: Arbitration. Mediation. Conciliation. Mini-trial ... to litigation or to other ADR procedures. Fair and cost-effective ... – PowerPoint PPT presentation

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Title: ALTERNATIVE DISPUTE RESOLUTION IN INTERNATIONAL BUSINESS Professor A F M Maniruzzaman University of


1
ALTERNATIVE DISPUTE RESOLUTION IN INTERNATIONAL
BUSINESSProfessor A F M ManiruzzamanUniversity
of PortsmouthW G HART LEGAL WORKSHOP 200727
June 2007
2
ADR in International Business
  • Types
  • Arbitration
  • Mediation
  • Conciliation
  • Mini-trial
  • Mediation / Arbitration (Med/Arb)
  • Expert determination

3
Mediation
  • Methods / Styles
  • Facilitative
  • Evaluative
  • Transformative

4
Types of Mediation
  • Legal Mediation
  • Commercial Mediation
  • Deal-Making Mediation
  • Deal-Managing Mediation
  • Deal-Mending Mediation (Legal Med. ?)

5
Advantages of Mediation
  • Business approach rather than legal approach
  • Private approach, privacy, confidentiality
  • Cheap option
  • Timesaver
  • Empowering parties
  • Flexibility
  • Parties control over the process
  • Preserving business relationship
  • Multiple-party opportunity to resolve disputes
    satisfactorily

6
Advantages of Mediation (Contd.)
  • Creative solutions for individual needs
    interests
  • Interest-based solutions rather than right-based
  • Non-judgmental but facilitative approach
  • Win-win approach rather than win-lose
    approach
  • Consensual approach or termination at any time
  • Settlements beyond legal remedies

7
Mediation in International Investment Disputes
  • Reasons for limited use
  • Unwillingness to take responsibility by
    government officials
  • Mediating public law rights
  • Cultural sensitivities Western vs Asian
  • Attitudes of legal advisers
  • Unclear drafting of dispute resolution clauses
  • Quality of the third-party neutrals

8
Combining Mediation Arbitration Med-Arb
  • Pragmatic, no-nonsense efficient approach
  • Superior to litigation or to other ADR procedures
  • Fair and cost-effective approach
  • Especially attractive in smaller cases
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