A Snapshot of National Legislation on Same Neutral Med-Arb and Arb- Med Around the Globe

37 Pages Posted: 24 Apr 2020

See all articles by Hiro N. Aragaki

Hiro N. Aragaki

Loyola Law School (Los Angeles); SOAS School of Law (University of London)

Date Written: April 23, 2020

Abstract

This draft paper provides a broad overview of how jurisdictions around the world have attempted to address situations in which the same neutral serves as both the arbitrator and the mediator in the same dispute. It begins by surveying how the principal model laws and legislative precedents on mediation and arbitration regulate same neutral med-arb and arb-med, respectively. It then provides a descriptive account of the main regulatory approaches on the subject taken in national mediation and arbitration laws of 195 jurisdictions around the world. It concludes by eliciting broad regulatory patterns. The main finding is that many patterns, when broken down by region and legal tradition, are difficult to explain by reference to existing literature—for example, about the receptivity of Asian or civil law European countries toward same neutral hybrid processes.

Suggested Citation

Aragaki, Hiro N., A Snapshot of National Legislation on Same Neutral Med-Arb and Arb- Med Around the Globe (April 23, 2020). Loyola Law School, Los Angeles Legal Studies Research Paper No. 2020-11. Available at SSRN: https://ssrn.com/abstract=3583173 or http://dx.doi.org/10.2139/ssrn.3583173

Hiro N. Aragaki (Contact Author)

Loyola Law School (Los Angeles) ( email )

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HOME PAGE: http://https://www.lls.edu/faculty/facultylista-b/aragakihiro/

SOAS School of Law (University of London) ( email )

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United Kingdom

HOME PAGE: http://https://www.soas.ac.uk/staff/staff127753.php

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