Dilyara Nigmatullina | University of Antwerp (law) (original) (raw)

Uploads

Papers by Dilyara Nigmatullina

Research paper thumbnail of Limitations to the use of mediation in civil and commercial matters and in the criminal field: a European perspective

Research paper thumbnail of Combining Mediation and Arbitration in International Commercial Dispute Resolution

Combining Mediation and Arbitration in International Commercial Dispute Resolution, 2018

Securing fast, inexpensive, and enforceable redress is vital for the development of international... more Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Research paper thumbnail of The empirical study

Research paper thumbnail of Theoretical foundations

Research paper thumbnail of The way forward

Research paper thumbnail of Solutions

Research paper thumbnail of Controversy surrounding the use of the same neutral (arb)-med-arb

Research paper thumbnail of Results of an empirical study of the use of mediation and arbitration in combination

Research paper thumbnail of Planned Early Dispute Resolution Systems and Elements: Experiences and the Promise of Technology

Journal of International Dispute Settlement, 2021

The COVID-19 outbreak has severely impacted global business communities. Experts predict a tsunam... more The COVID-19 outbreak has severely impacted global business communities. Experts predict a tsunami of disputes. In this unprecedented situation, rational, cost-effective and quick dispute resolution is no more an option but a need. This need may be met by Planned Early Dispute Resolution (PEDR) and technological tools. Although the uptake of both has been slow so far, the current crisis may act as a catalyst for their more extensive use. This article starts with an overview of PEDR by addressing its definition, models, elements and use, among other aspects. It then investigates actual experiences of companies with PEDR systems and elements and discusses the effect that the companies’ shift to PEDR has on law firms. The article concludes by exploring how PEDR systems can benefit from the use of technological tools and how the interaction between technology and dispute resolution can contribute to shaping the future of the legal profession.

Research paper thumbnail of The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study

Journal of International Arbitration, 2016

In a changing international commercial dispute resolution landscape, the combined use of mediatio... more In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach offering parties a number of benefits. These include resolving parties’ disputes cost-effectively and quickly and obtaining a binding and internationally enforceable decision. However, to date there has been little agreement on several aspects of the combined use of processes. The academic debate is ongoing about acceptable ways of combining mediation and arbitration. At the same time, there is little evidence to suggest that practitioners actually use a combination of mediation and arbitration.This article analyses the results of a recent empirical study of the current use of mediation in combination with arbitration in international commercial dispute resolution. The results reveal that the combined approach is used to a relatively low extent, which contrasts with widespread recognition of the benefits that it seems to offer. In vast majority of cases, the mediation and arbitration stages are conducted by different neutrals, while the mediation stage usually involves the use of caucuses. Surprisingly, as appears from the study, the absence of a unified enforcement mechanism for international mediated settlement agreements does not present any obstacle to recording the outcome of the combined use of processes in a mediated settlement agreement rather than in an arbitral award.

Research paper thumbnail of Aligning Dispute Resolution Processes with Global Demands for Change: Enhancing the Use of Mediation and Arbitration in Combination

Research paper thumbnail of Developing efficient dispute resolution solutions for international commercial disputes: ways to address concerns associated with the combined use of mediation and arbitration by the same neutral

Research paper thumbnail of Influence of practitioners’ legal culture on their perception and use of the same neutral (arb)-med-arb

Research paper thumbnail of Initiatives to enhance the use of the same neutral (arb)-med-arb and other combinations in international commercial dispute resolution

Research paper thumbnail of Procedural modifications of the same neutral (arb)-med-arb as a way to address concerns associated with this process

Research paper thumbnail of Safeguards for using the same neutral (arb)-med-arb as a way to address concerns associated with this process

Research paper thumbnail of Key combinations, terms, and definitions

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Research paper thumbnail of Involvement of different neutrals in combinations as a way to address concerns associated with the same neutral (arb)-med-arb

Research paper thumbnail of The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study

The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study, 2016

In a changing international commercial dispute resolution landscape, the combined use of mediatio... more In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach offering parties a number of benefits. These include resolving parties’ disputes cost-effectively and quickly and obtaining a
binding and internationally enforceable decision. However, to date there has been little agreement on several aspects of the combined use of processes. The academic debate is ongoing about acceptable ways of combining mediation and arbitration. At the same time, there is little evidence to suggest that practitioners actually use a combination of mediation and arbitration.This article analyses the results of a recent empirical study of the current use of mediation in combination
with arbitration in international commercial dispute resolution. The results reveal that the combined approach is used to a relatively low extent, which contrasts with widespread recognition of the benefits that it seems to offer. In vast majority of cases, the mediation and arbitration stages are conducted by different neutrals, while the mediation stage usually involves the use of caucuses. Surprisingly, as appears from the study, the absence of a unified enforcement mechanism for international mediated settlement agreements does not present any obstacle to recording the outcome of the combined use of processes in a mediated settlement agreement rather than in an arbitral award.

Books by Dilyara Nigmatullina

Research paper thumbnail of Combining Mediation and Arbitration in International Commercial Dispute Resolution

Securing fast, inexpensive, and enforceable redress is vital for the development of international... more Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.

Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.

Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Research paper thumbnail of Limitations to the use of mediation in civil and commercial matters and in the criminal field: a European perspective

Research paper thumbnail of Combining Mediation and Arbitration in International Commercial Dispute Resolution

Combining Mediation and Arbitration in International Commercial Dispute Resolution, 2018

Securing fast, inexpensive, and enforceable redress is vital for the development of international... more Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Research paper thumbnail of The empirical study

Research paper thumbnail of Theoretical foundations

Research paper thumbnail of The way forward

Research paper thumbnail of Solutions

Research paper thumbnail of Controversy surrounding the use of the same neutral (arb)-med-arb

Research paper thumbnail of Results of an empirical study of the use of mediation and arbitration in combination

Research paper thumbnail of Planned Early Dispute Resolution Systems and Elements: Experiences and the Promise of Technology

Journal of International Dispute Settlement, 2021

The COVID-19 outbreak has severely impacted global business communities. Experts predict a tsunam... more The COVID-19 outbreak has severely impacted global business communities. Experts predict a tsunami of disputes. In this unprecedented situation, rational, cost-effective and quick dispute resolution is no more an option but a need. This need may be met by Planned Early Dispute Resolution (PEDR) and technological tools. Although the uptake of both has been slow so far, the current crisis may act as a catalyst for their more extensive use. This article starts with an overview of PEDR by addressing its definition, models, elements and use, among other aspects. It then investigates actual experiences of companies with PEDR systems and elements and discusses the effect that the companies’ shift to PEDR has on law firms. The article concludes by exploring how PEDR systems can benefit from the use of technological tools and how the interaction between technology and dispute resolution can contribute to shaping the future of the legal profession.

Research paper thumbnail of The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study

Journal of International Arbitration, 2016

In a changing international commercial dispute resolution landscape, the combined use of mediatio... more In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach offering parties a number of benefits. These include resolving parties’ disputes cost-effectively and quickly and obtaining a binding and internationally enforceable decision. However, to date there has been little agreement on several aspects of the combined use of processes. The academic debate is ongoing about acceptable ways of combining mediation and arbitration. At the same time, there is little evidence to suggest that practitioners actually use a combination of mediation and arbitration.This article analyses the results of a recent empirical study of the current use of mediation in combination with arbitration in international commercial dispute resolution. The results reveal that the combined approach is used to a relatively low extent, which contrasts with widespread recognition of the benefits that it seems to offer. In vast majority of cases, the mediation and arbitration stages are conducted by different neutrals, while the mediation stage usually involves the use of caucuses. Surprisingly, as appears from the study, the absence of a unified enforcement mechanism for international mediated settlement agreements does not present any obstacle to recording the outcome of the combined use of processes in a mediated settlement agreement rather than in an arbitral award.

Research paper thumbnail of Aligning Dispute Resolution Processes with Global Demands for Change: Enhancing the Use of Mediation and Arbitration in Combination

Research paper thumbnail of Developing efficient dispute resolution solutions for international commercial disputes: ways to address concerns associated with the combined use of mediation and arbitration by the same neutral

Research paper thumbnail of Influence of practitioners’ legal culture on their perception and use of the same neutral (arb)-med-arb

Research paper thumbnail of Initiatives to enhance the use of the same neutral (arb)-med-arb and other combinations in international commercial dispute resolution

Research paper thumbnail of Procedural modifications of the same neutral (arb)-med-arb as a way to address concerns associated with this process

Research paper thumbnail of Safeguards for using the same neutral (arb)-med-arb as a way to address concerns associated with this process

Research paper thumbnail of Key combinations, terms, and definitions

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Research paper thumbnail of Involvement of different neutrals in combinations as a way to address concerns associated with the same neutral (arb)-med-arb

Research paper thumbnail of The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study

The Combined Use of Mediation and Arbitration in Commercial Dispute Resolution: Results from an International Study, 2016

In a changing international commercial dispute resolution landscape, the combined use of mediatio... more In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach offering parties a number of benefits. These include resolving parties’ disputes cost-effectively and quickly and obtaining a
binding and internationally enforceable decision. However, to date there has been little agreement on several aspects of the combined use of processes. The academic debate is ongoing about acceptable ways of combining mediation and arbitration. At the same time, there is little evidence to suggest that practitioners actually use a combination of mediation and arbitration.This article analyses the results of a recent empirical study of the current use of mediation in combination
with arbitration in international commercial dispute resolution. The results reveal that the combined approach is used to a relatively low extent, which contrasts with widespread recognition of the benefits that it seems to offer. In vast majority of cases, the mediation and arbitration stages are conducted by different neutrals, while the mediation stage usually involves the use of caucuses. Surprisingly, as appears from the study, the absence of a unified enforcement mechanism for international mediated settlement agreements does not present any obstacle to recording the outcome of the combined use of processes in a mediated settlement agreement rather than in an arbitral award.

Research paper thumbnail of Combining Mediation and Arbitration in International Commercial Dispute Resolution

Securing fast, inexpensive, and enforceable redress is vital for the development of international... more Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.

Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process.

Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.