International commercial mediation : international recognition and enforcement of mediation agreements

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Authors

Curlewis, Llewelyn Gray
Raubenheimer, Ettian

Journal Title

Journal ISSN

Volume Title

Publisher

Nelson Mandela Metropolitan University, Faculty of Law

Abstract

Global economic output has increased dramatically due to an increase in cross border trade, the rise of multinational corporations and globalisation. The globalisation of trade resulted in an increasing interaction between different cultures and legal traditions with different value systems and philosophical foundations, leading to increased dispute potential which could eventually develop into conflict. The default setting for conflict resolution is widely recognised as judicially sanctioned dispute resolution, otherwise referred to as litigation. Commercial litigation processes are, however, getting more costly and burdensome. Commercial disputes are furthermore becoming more complex because of the globalised trade landscape and increasing cross-border mobility. This poses unique challenges for litigants and courts. Typical problems encountered include governing law issues, enforcement issues, differing national administrative requirements and legal processes. Dispute resolution by means of litigation is subject to intrinsic characteristics exacerbating the complexity of cross-border disputes. In the EU member states for instance, it takes between one hundred and three hundred days to obtain a first- instance judgment in civil proceedings.

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Keywords

International, Commercial, Recognition, Enforcement, SDG-08: Decent work and economic growth, SDG-09: Industry, innovation and infrastructure

Sustainable Development Goals

SDG-08:Decent work and economic growth
SDG-09: Industry, innovation and infrastructure

Citation

Curlewis, L.G. & Raubenheimer, E. 2024, 'International commercial mediation : international recognition and enforcement of mediation agreements', Obiter, vol. 45, no.1, pp. 209-218, doi : 10.17159/obiter.v45i1.16202.