Mapping and Assessing the Rise of Multi-tiered Approaches to the Resolution of International Disputes across the Globe

Abstract

There aremany ways in which disputes can arise in the commercial world and there are just as many ways in which they can be resolved. Much as different modes of alternative dispute resolution (ADR) have gained in popularity around the world, there has been growing interest in the combined use of such modes. The Queen Mary University of London and White & Case LLP 2018 International Arbitration Survey observes that ‘there has been a significant increase in the combination of arbitration with ADR’. Nearly half of the participants in the 2018 survey preferred a hybrid approach, as compared to just 35 per cent in the 2015 survey. This is unsurprising in view of the benefits of mediation as a prerequisite to arbitration. An initial mediation allows for a ‘cooling off’ between the parties, thereby avoiding an escalation of their dispute. It also has a filtering effect. It enables the parties to assess