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 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.

Bibliographic Details

Main Author:	Pouget, Sophie
Language:	English en_US
Published:	World Bank, Washington, DC 2013-10
Subjects:	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,
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 https://hdl.handle.net/10986/16849
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