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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

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Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong Jan 2014

Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong

Washington University Journal of Law & Policy

International commercial arbitration has long been the preferred means of resolving complex business disputes in the cross-border context. However, the international corporate community has become somewhat disenchanted with that particular mechanism because of concerns about rising costs, delays, and procedural formality. As a result, parties are looking for other means of resolving international commercial disputes. One of the more popular alternatives is mediation.

A question arises as to whether and to what extent international commercial mediation can serve as an adequate substitute for international commercial arbitration and, in particular, whether it can live up to the promise of delivering quick ...