Author: Emilia Onyema**
Published: October 2003
| Jurisdiction: International |
Topics: Commercial Disputes Dispute Resolution and Litigation ADR Mediation Parties New York Convention |
Description: There has been a lot of debate and much written on the problems and difficulties involved in the process of med-arb in the resolution of commercial disputes. This article seeks to join in the discussion, raising some questions and suggesting ways in which the current procedure can be adjusted to accommodate med-arb or a mixture of any other form of alternative dispute resolution method as a distinct process together with arbitration. The parties can then receive advantages of both flexibility and a binding award, which can be enforced under various national laws and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (“New York Convention”).
*Current Developments
**The author is a solicitor (England and Wales) and is also qualified to practice as a barrister/solicitor in Nigeria. She is currently a PhD. research candidate at The School of International Arbitration at the Centre for Commercial Law Studies at Queen Mary, University of London.