Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement

Abstract

In this study, an effort is made to comparatively assess the until now success of International Commercial Arbitration (hereinafter ICA), Litigation, and Mediation as proven mechanisms of transnational dispute settlement by comparatively analyzing the major instruments of International Commercial Arbitration vis-a-vis the instruments of International Commercial Litigation and Mediation. Accordingly, after detailed scrutiny of the relevant issues, the article argues that, although the ICA is not the only means of transnational commercial dispute resolution, by far, when compared to transnational litigation and mediation, ICA was and will continue to be the most successful (realistic) means of transnational commercial dispute resolution, which plays the dominant role of harmonizing the rules of transnational commercial dispute resolution. However, it is found out that, with time, the harmonization roles of the instruments of transnational commercial litigation and mediation are growing as a viable alternative to ICA.

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

“…According to S.M. Biresaw (2021), the "mission" of mediators is an organizational negotiation process, in which they explain the rights, obligations and goals of alternative dispute resolution. Meetings for the parties can be held both individually and jointly.…”