Alternative Dispute Resolution Yearbook

Cultural Heritage Property Disputes In International Arbitration Proceedings

Tamar Mskhvilidze — Thu, 05 Dec 2024 00:00:00 +0400

The article's purpose is to argue why arbitration is beneficial for users despite the availability of a wide range of alternative dispute resolution (ADR) means to the parties involved in cultural heritage disputes. While litigation is a time-consuming, expensive, and public process, arbitration offers a speedy and confidential alternative. This offers more flexibility and control over the results than litigation. The tension between investor rights and cultural heritage protection raises several questions. Is the measure implemented by the state justified by the fact that it aims to protect cultural heritage? Can governments use cultural policies to discourage investment or discriminate against foreign investors? It is important to clarify the extent to which arbitral tribunals pay attention to cultural heritage and how they balance the rights of the investor and the cultural policies of the host state.

Conceptual Models of Evaluative and Facilitative Mediation and Accompanying Ethical Challenges

Nana Uznadze — Thu, 05 Dec 2024 00:00:00 +0400

Facilitative and evaluative mediation models represent the two most common approaches in the theory and practice of mediation. Their differing mechanisms significantly influence the mediation process and its outcomes. This paper explores the theoretical foundations of these models, their application in practice, and the accompanying ethical challenges.

The paper focuses on the impact of the mediator's chosen style on the autonomy of the parties, their procedural guarantees, and the outcomes of the process. Mediators may encounter numerous dilemmas during the mediation process, as they are obligated to facilitate informed decision-making by the parties without compromising their neutrality. At the same time, mediators must ensure a quality process where the parties can act within their autonomy and fully benefit from the procedural guarantees offered by mediation. It is also noteworthy how evaluative and facilitative mediation models align with the standards established by the mediation code of ethics, considering the balance between conflict resolution and maintaining fairness. Understanding this is essential to ensure that mediators maintain ethical standards and, at the same time, effectively guide the parties toward negotiations.

The purpose of this paper is to review the above-mentioned issues and evaluate how contemporary mediation practices address these challenges.

The Discussion about Party-Appointed Arbitrators: Addressing “Moral Hazards” with Possible Solutions

Irakli Managadze — Thu, 05 Dec 2024 00:00:00 +0400

Arbitration is a widely favored method for resolving disputes, particularly in transnational business contexts. In order it to remain being an effective and favored means of dispute resolution is it crucial to keep arbitrators impartial and independent.

However, some practitioners and scholars argue that the system of party-appointed arbitrators compromises the independence and impartiality of arbitration. Professor Paulsson advocates abandoning this system, citing significant concerns. This article begins with an overview of current practices and the challenges they pose to impartiality. It then analyzes Paulsson's arguments in detail and examines counterpoints from other scholars who view party-appointed arbitrators as integral to the arbitration process. Finally, the article proposes several potential solutions—such as joint selection, appointment by neutral bodies, and AI involvement—to enhance independence and impartiality in party-appointed arbitrator system.