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European Perspectives on Enforcement of Med-Arb Clauses and Med-Arb Awards

Journal Corporate Mediation Journal, Issue 1 2018
Keywords Mediation, Arbitration, Hybrid Dispute Resolution, Due process, Europe
Authors Prof. Dr. Bas van Zelst
AbstractAuthor's information

    In Europe, mediation has historically taken a facilitative approach. It is therefore no surprise that Med-Arb – a hybrid dispute resolution mechanism combining elements of mediation and arbitration – is not high on the agenda of European politicians, academics and practitioners.
    As a result of this (apparent) lack of interest in Med-Arb, it remains unclear to what extent contractual clauses referring parties to Med-Arb (“Med-Arb Clauses”) and arbitral awards resulting from a Med-Arb procedure (“Med-Arb Awards”) are compliant with European standards on due process of law.
    It is this void this article seeks to fill. It will discuss the American experiences with Med-Arb and the pros and cons of Med-Arb forwarded in that context (Section 2). Against this background, the feasibility of Med-Arb from the perspective of European standards on due process of law is assessed. It is concluded that from a European perspective, no overriding concerns of law exist that should call a halt to Med-Arb. Parties must, however, discount certain specific EU standards when agreeing on and conducting a Med-Arb procedure.


Prof. Dr. Bas van Zelst
Bas van Zelst is professor of Dispute Resolution & Arbitration at Maastricht University. He practices law at Van Doorne N.V. in Amsterdam, the Netherlands.
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