Should arbitrators be permitted to serve as mediators of the disputes they might ultimately determine? Instinctive reactions to this question are likely to be coloured by a party’s legal background and cultural expectations. To those from common law traditions, the idea of combining the roles of mediator and arbitrator is rather alien, whereas in civil…
The Greek Parliament recently voted on a new piece of legislation that enables the parties to a dispute to submit to mediation at any stage of the dispute and in effect comply with the provisions of the EU Mediation Directive 2008/52/EC for various commercial law matters. The draft paper on this new law was just…
Unlike arbitration which is quite solidly supported by legislation (the law of the Russian Federation “On International Commercial Arbitration”, which is almost completely based on the UNCITRAL Model Law, was adopted in 1993. The Federal Law “On Arbitration Courts” governing domestic arbitration entered into force in 2002), mediation in Russia lacks adequate legal framework. The…
