Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment
An effective commercial arbitration regime matters for foreign investors. It gives parties the autonomy to create a dispute resolution system tailored to increasingly complex disputes. Foreign investors view arbitration as a way to mitigate risks b...
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| Format: | Policy Research Working Paper |
| Language: | English en_US |
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World Bank, Washington, DC
2014
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| Online Access: | http://documents.worldbank.org/curated/en/2013/10/18338609/arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment-arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment http://hdl.handle.net/10986/16849 |
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okr-10986-16849 |
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| recordtype |
oai_dc |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English en_US |
| topic |
ACCESS TO INFORMATION ADR ALTERNATIVE DISPUTE RESOLUTION AMICABLE SETTLEMENT APPLICABLE LAW APPOINTMENT OF ARBITRATORS ARBITRAGE ARBITRAL AWARD ARBITRAL PROCEEDINGS ARBITRAL TRIBUNAL ARBITRAL TRIBUNALS ARBITRATION ARBITRATION ACT ARBITRATION AGREEMENT ARBITRATION AGREEMENTS ARBITRATION AWARDS ARBITRATION CASE ARBITRATION CASES ARBITRATION CLAUSES ARBITRATION COURTS ARBITRATION INSTITUTIONS ARBITRATION LAW ARBITRATION LAWS ARBITRATION PROCEEDINGS ARBITRATION PROCESS ARBITRATION RULES ARBITRATION TRIBUNAL ARBITRATIONS ARBITRATOR ARBITRATORS AWARD BILATERAL INVESTMENT TREATIES BILATERAL INVESTMENT TREATY BREACH BUSINESS LAW CASE LAW CASE MANAGEMENT CERTIFIED COPY CIVIL CODE CIVIL CODES CLAIM COMMERCIAL ARBITRATION COMMERCIAL CONTRACTS COMMERCIAL DISPUTES COMMERCIAL LITIGATION COMMERCIAL MEDIATION COMMERCIAL TRANSACTIONS COMPETENT COURT COMPLEX DISPUTES CONCILIATOR CONFIDENTIALITY CONTRACT ENFORCEMENT CONTROL OF CORRUPTION CONVENTION COURT COURT JUDGMENT COURTS CREDIBILITY CROSS-BORDER TRANSACTIONS DEBTOR DEVELOPING COUNTRIES DISPUTE DISPUTE RESOLUTION DISPUTE RESOLUTION SYSTEM DISPUTE SETTLEMENT DISPUTE TO ARBITRATION DISPUTES DOMESTIC AWARDS DOMESTIC COURTS DOMESTIC LAWS DOMESTIC LEGISLATION DUE PROCESS ECONOMIC DEVELOPMENT EFFECTIVE ARBITRATION EMERGING MARKETS ENFORCEMENT PROCEEDINGS ENFORCEMENT PROCESS ENFORCEMENT RIGHTS ENTIRE CONTRACT EXPROPRIATION FOREIGN ARBITRAL AWARDS FOREIGN DIRECT INVESTMENT FOREIGN DIRECT INVESTMENTS FOREIGN INVESTMENT FOREIGN INVESTOR FOREIGN INVESTORS FOREIGN OWNERSHIP FREE TRADE FREE TRADE AGREEMENTS GLOBAL COMPETITIVENESS HOLDING HOST ECONOMY IFC INSTRUMENT INSURANCE INSURANCE INDUSTRY INTELLECTUAL PROPERTY INTERNATIONAL ARBITRATION INTERNATIONAL ARBITRATIONS INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES INTERNATIONAL CHAMBER OF COMMERCE INTERNATIONAL COMMERCE INTERNATIONAL COMMERCIAL ARBITRATION INTERNATIONAL COMMERCIAL CONCILIATION INTERNATIONAL CONVENTIONS INTERNATIONAL DISPUTES INTERNATIONAL FINANCE INTERNATIONAL LAW INTERNATIONAL TRADE INTERNATIONAL TRADE LAW INVESTING INVESTMENT AGREEMENT INVESTMENT CLIMATE INVESTMENT DISPUTES INVESTMENT DISPUTES BETWEEN STATES JUDICIAL ENFORCEMENT JUDICIAL INDEPENDENCE JUDICIAL PROCEEDINGS JUDICIAL SYSTEM JURISDICTION JURISDICTIONAL ISSUES LEGAL FRAMEWORK LEGAL PROVISIONS LEGAL QUESTIONS LEGAL REFORMS LEGAL RELATIONSHIP LEGAL SYSTEM MACROECONOMIC ENVIRONMENT MEDIATION MEMBER STATE MITIGATION MODEL LAW MODEL LAWS MULTINATIONAL CORPORATIONS NATIONS ORAL AGREEMENT ORIGINAL CONTRACT PARTIES TO ARBITRATION PATENT LAW PLACE OF ARBITRATION PLACES OF BUSINESS PLAINTIFF POLICE POLICY FORMULATION POLICY RESEARCH POLITICAL RISK POLITICAL RISKS POLITICAL STABILITY PRIVATE ARBITRATION PRIVATE LAW PRIVATE PARTIES PROPERTY RIGHTS PROVISIONS RECONSTRUCTION REGULATORY REFORM REQUEST FOR ARBITRATION RESTRAINT RULE OF LAW RULES RULES OF PROCEDURE SETTLEMENT OF DISPUTES TIME LIMITS TRADE AGREEMENTS TRANSPARENCY VALID ARBITRATION AGREEMENT VIOLENCE |
| spellingShingle |
ACCESS TO INFORMATION ADR ALTERNATIVE DISPUTE RESOLUTION AMICABLE SETTLEMENT APPLICABLE LAW APPOINTMENT OF ARBITRATORS ARBITRAGE ARBITRAL AWARD ARBITRAL PROCEEDINGS ARBITRAL TRIBUNAL ARBITRAL TRIBUNALS ARBITRATION ARBITRATION ACT ARBITRATION AGREEMENT ARBITRATION AGREEMENTS ARBITRATION AWARDS ARBITRATION CASE ARBITRATION CASES ARBITRATION CLAUSES ARBITRATION COURTS ARBITRATION INSTITUTIONS ARBITRATION LAW ARBITRATION LAWS ARBITRATION PROCEEDINGS ARBITRATION PROCESS ARBITRATION RULES ARBITRATION TRIBUNAL ARBITRATIONS ARBITRATOR ARBITRATORS AWARD BILATERAL INVESTMENT TREATIES BILATERAL INVESTMENT TREATY BREACH BUSINESS LAW CASE LAW CASE MANAGEMENT CERTIFIED COPY CIVIL CODE CIVIL CODES CLAIM COMMERCIAL ARBITRATION COMMERCIAL CONTRACTS COMMERCIAL DISPUTES COMMERCIAL LITIGATION COMMERCIAL MEDIATION COMMERCIAL TRANSACTIONS COMPETENT COURT COMPLEX DISPUTES CONCILIATOR CONFIDENTIALITY CONTRACT ENFORCEMENT CONTROL OF CORRUPTION CONVENTION COURT COURT JUDGMENT COURTS CREDIBILITY CROSS-BORDER TRANSACTIONS DEBTOR DEVELOPING COUNTRIES DISPUTE DISPUTE RESOLUTION DISPUTE RESOLUTION SYSTEM DISPUTE SETTLEMENT DISPUTE TO ARBITRATION DISPUTES DOMESTIC AWARDS DOMESTIC COURTS DOMESTIC LAWS DOMESTIC LEGISLATION DUE PROCESS ECONOMIC DEVELOPMENT EFFECTIVE ARBITRATION EMERGING MARKETS ENFORCEMENT PROCEEDINGS ENFORCEMENT PROCESS ENFORCEMENT RIGHTS ENTIRE CONTRACT EXPROPRIATION FOREIGN ARBITRAL AWARDS FOREIGN DIRECT INVESTMENT FOREIGN DIRECT INVESTMENTS FOREIGN INVESTMENT FOREIGN INVESTOR FOREIGN INVESTORS FOREIGN OWNERSHIP FREE TRADE FREE TRADE AGREEMENTS GLOBAL COMPETITIVENESS HOLDING HOST ECONOMY IFC INSTRUMENT INSURANCE INSURANCE INDUSTRY INTELLECTUAL PROPERTY INTERNATIONAL ARBITRATION INTERNATIONAL ARBITRATIONS INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES INTERNATIONAL CHAMBER OF COMMERCE INTERNATIONAL COMMERCE INTERNATIONAL COMMERCIAL ARBITRATION INTERNATIONAL COMMERCIAL CONCILIATION INTERNATIONAL CONVENTIONS INTERNATIONAL DISPUTES INTERNATIONAL FINANCE INTERNATIONAL LAW INTERNATIONAL TRADE INTERNATIONAL TRADE LAW INVESTING INVESTMENT AGREEMENT INVESTMENT CLIMATE INVESTMENT DISPUTES INVESTMENT DISPUTES BETWEEN STATES JUDICIAL ENFORCEMENT JUDICIAL INDEPENDENCE JUDICIAL PROCEEDINGS JUDICIAL SYSTEM JURISDICTION JURISDICTIONAL ISSUES LEGAL FRAMEWORK LEGAL PROVISIONS LEGAL QUESTIONS LEGAL REFORMS LEGAL RELATIONSHIP LEGAL SYSTEM MACROECONOMIC ENVIRONMENT MEDIATION MEMBER STATE MITIGATION MODEL LAW MODEL LAWS MULTINATIONAL CORPORATIONS NATIONS ORAL AGREEMENT ORIGINAL CONTRACT PARTIES TO ARBITRATION PATENT LAW PLACE OF ARBITRATION PLACES OF BUSINESS PLAINTIFF POLICE POLICY FORMULATION POLICY RESEARCH POLITICAL RISK POLITICAL RISKS POLITICAL STABILITY PRIVATE ARBITRATION PRIVATE LAW PRIVATE PARTIES PROPERTY RIGHTS PROVISIONS RECONSTRUCTION REGULATORY REFORM REQUEST FOR ARBITRATION RESTRAINT RULE OF LAW RULES RULES OF PROCEDURE SETTLEMENT OF DISPUTES TIME LIMITS TRADE AGREEMENTS TRANSPARENCY VALID ARBITRATION AGREEMENT VIOLENCE Pouget, Sophie Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| geographic_facet |
Central Asia |
| relation |
Policy Research Working Paper;No. 6632 |
| description |
An effective commercial arbitration
regime matters for foreign investors. It gives parties the
autonomy to create a dispute resolution system tailored to
increasingly complex disputes. Foreign investors view
arbitration as a way to mitigate risks by providing legal
certainty on enforcement rights, due process, and access to
justice. The Arbitrating and Mediating Disputes indicators
assess the legal and institutional framework for commercial
arbitration, mediation, and conciliation regimes in 100
economies. All surveyed economies recognize arbitration as a
tool for resolving commercial disputes and only nine
economies have not acceded to the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. In
the Arbitrating and Mediating Disputes indicators, High
Income OECD and Eastern Europe and Central Asia are the
regions that reformed their laws on alternative dispute
resolution the most between 2011 and 2012. The data also
show that, globally, arbitration proceedings take 326 days
on average, while recognition and enforcement proceedings of
foreign arbitral awards take 557 days on average. The
Arbitration and Mediating Disputes indicators are
significantly correlated with perception data on the
importance of alternative dispute resolution, as well as
other measures such as total foreign direct investment
inflows and inflows per capita, the Doing Business 2013
Enforcing Contracts data, the World Bank Group's
Governance Indicators, the World Economic Forum's
Global Competitiveness Indicators, and the Multilateral
Investment Guarantee Agency's World Investment and
Political Risk data. The paper concludes by identifying
several opportunities for improvement, such as greater
flexibility for domestic arbitration regimes, faster
arbitration proceedings, and better domestic court capabilities. |
| format |
Publications & Research :: Policy Research Working Paper |
| author |
Pouget, Sophie |
| author_facet |
Pouget, Sophie |
| author_sort |
Pouget, Sophie |
| title |
Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| title_short |
Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| title_full |
Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| title_fullStr |
Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| title_full_unstemmed |
Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment |
| title_sort |
arbitrating and mediating disputes : benchmarking arbitration and mediation regimes for commercial disputes related to foreign direct investment |
| publisher |
World Bank, Washington, DC |
| publishDate |
2014 |
| url |
http://documents.worldbank.org/curated/en/2013/10/18338609/arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment-arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment http://hdl.handle.net/10986/16849 |
| _version_ |
1764434686752325632 |
| spelling |
okr-10986-168492021-04-23T14:03:32Z Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment Pouget, Sophie ACCESS TO INFORMATION ADR ALTERNATIVE DISPUTE RESOLUTION AMICABLE SETTLEMENT APPLICABLE LAW APPOINTMENT OF ARBITRATORS ARBITRAGE ARBITRAL AWARD ARBITRAL PROCEEDINGS ARBITRAL TRIBUNAL ARBITRAL TRIBUNALS ARBITRATION ARBITRATION ACT ARBITRATION AGREEMENT ARBITRATION AGREEMENTS ARBITRATION AWARDS ARBITRATION CASE ARBITRATION CASES ARBITRATION CLAUSES ARBITRATION COURTS ARBITRATION INSTITUTIONS ARBITRATION LAW ARBITRATION LAWS ARBITRATION PROCEEDINGS ARBITRATION PROCESS ARBITRATION RULES ARBITRATION TRIBUNAL ARBITRATIONS ARBITRATOR ARBITRATORS AWARD BILATERAL INVESTMENT TREATIES BILATERAL INVESTMENT TREATY BREACH BUSINESS LAW CASE LAW CASE MANAGEMENT CERTIFIED COPY CIVIL CODE CIVIL CODES CLAIM COMMERCIAL ARBITRATION COMMERCIAL CONTRACTS COMMERCIAL DISPUTES COMMERCIAL LITIGATION COMMERCIAL MEDIATION COMMERCIAL TRANSACTIONS COMPETENT COURT COMPLEX DISPUTES CONCILIATOR CONFIDENTIALITY CONTRACT ENFORCEMENT CONTROL OF CORRUPTION CONVENTION COURT COURT JUDGMENT COURTS CREDIBILITY CROSS-BORDER TRANSACTIONS DEBTOR DEVELOPING COUNTRIES DISPUTE DISPUTE RESOLUTION DISPUTE RESOLUTION SYSTEM DISPUTE SETTLEMENT DISPUTE TO ARBITRATION DISPUTES DOMESTIC AWARDS DOMESTIC COURTS DOMESTIC LAWS DOMESTIC LEGISLATION DUE PROCESS ECONOMIC DEVELOPMENT EFFECTIVE ARBITRATION EMERGING MARKETS ENFORCEMENT PROCEEDINGS ENFORCEMENT PROCESS ENFORCEMENT RIGHTS ENTIRE CONTRACT EXPROPRIATION FOREIGN ARBITRAL AWARDS FOREIGN DIRECT INVESTMENT FOREIGN DIRECT INVESTMENTS FOREIGN INVESTMENT FOREIGN INVESTOR FOREIGN INVESTORS FOREIGN OWNERSHIP FREE TRADE FREE TRADE AGREEMENTS GLOBAL COMPETITIVENESS HOLDING HOST ECONOMY IFC INSTRUMENT INSURANCE INSURANCE INDUSTRY INTELLECTUAL PROPERTY INTERNATIONAL ARBITRATION INTERNATIONAL ARBITRATIONS INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES INTERNATIONAL CHAMBER OF COMMERCE INTERNATIONAL COMMERCE INTERNATIONAL COMMERCIAL ARBITRATION INTERNATIONAL COMMERCIAL CONCILIATION INTERNATIONAL CONVENTIONS INTERNATIONAL DISPUTES INTERNATIONAL FINANCE INTERNATIONAL LAW INTERNATIONAL TRADE INTERNATIONAL TRADE LAW INVESTING INVESTMENT AGREEMENT INVESTMENT CLIMATE INVESTMENT DISPUTES INVESTMENT DISPUTES BETWEEN STATES JUDICIAL ENFORCEMENT JUDICIAL INDEPENDENCE JUDICIAL PROCEEDINGS JUDICIAL SYSTEM JURISDICTION JURISDICTIONAL ISSUES LEGAL FRAMEWORK LEGAL PROVISIONS LEGAL QUESTIONS LEGAL REFORMS LEGAL RELATIONSHIP LEGAL SYSTEM MACROECONOMIC ENVIRONMENT MEDIATION MEMBER STATE MITIGATION MODEL LAW MODEL LAWS MULTINATIONAL CORPORATIONS NATIONS ORAL AGREEMENT ORIGINAL CONTRACT PARTIES TO ARBITRATION PATENT LAW PLACE OF ARBITRATION PLACES OF BUSINESS PLAINTIFF POLICE POLICY FORMULATION POLICY RESEARCH POLITICAL RISK POLITICAL RISKS POLITICAL STABILITY PRIVATE ARBITRATION PRIVATE LAW PRIVATE PARTIES PROPERTY RIGHTS PROVISIONS RECONSTRUCTION REGULATORY REFORM REQUEST FOR ARBITRATION RESTRAINT RULE OF LAW RULES RULES OF PROCEDURE SETTLEMENT OF DISPUTES TIME LIMITS TRADE AGREEMENTS TRANSPARENCY VALID ARBITRATION AGREEMENT VIOLENCE An effective commercial arbitration regime matters for foreign investors. It gives parties the autonomy to create a dispute resolution system tailored to increasingly complex disputes. Foreign investors view arbitration as a way to mitigate risks by providing legal certainty on enforcement rights, due process, and access to justice. The Arbitrating and Mediating Disputes indicators assess the legal and institutional framework for commercial arbitration, mediation, and conciliation regimes in 100 economies. All surveyed economies recognize arbitration as a tool for resolving commercial disputes and only nine economies have not acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In the Arbitrating and Mediating Disputes indicators, High Income OECD and Eastern Europe and Central Asia are the regions that reformed their laws on alternative dispute resolution the most between 2011 and 2012. The data also show that, globally, arbitration proceedings take 326 days on average, while recognition and enforcement proceedings of foreign arbitral awards take 557 days on average. The Arbitration and Mediating Disputes indicators are significantly correlated with perception data on the importance of alternative dispute resolution, as well as other measures such as total foreign direct investment inflows and inflows per capita, the Doing Business 2013 Enforcing Contracts data, the World Bank Group's Governance Indicators, the World Economic Forum's Global Competitiveness Indicators, and the Multilateral Investment Guarantee Agency's World Investment and Political Risk data. The paper concludes by identifying several opportunities for improvement, such as greater flexibility for domestic arbitration regimes, faster arbitration proceedings, and better domestic court capabilities. 2014-02-04T16:11:30Z 2014-02-04T16:11:30Z 2013-10 http://documents.worldbank.org/curated/en/2013/10/18338609/arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment-arbitrating-mediating-disputes-benchmarking-arbitration-mediation-regimes-commercial-disputes-related-foreign-direct-investment http://hdl.handle.net/10986/16849 English en_US Policy Research Working Paper;No. 6632 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Policy Research Working Paper Publications & Research Central Asia |