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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

International commercial arbitration

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Full-Text Articles in Law

Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox Jan 2014

Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox

Washington University Journal of Law & Policy

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. However, exporting the ways we understand and interact with others in conflict from a domestic environment into new and different legal, political, economic, cultural, and social environments can be problematic. As a result, attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice. That is ...


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 ...