调解和仲裁的相互作用

The interplay between mediation and arbitration

无论伦敦在解决国际商业纠纷上的优势是否会持续,但这一优势至少在一定程度上来自本文讨论的若干关键因素。美国和新加坡的纠纷解决实践和程序也提供了宝贵的经验。英国是解决国际商务纠纷的首选地。得益于高水准的英国商务法官,英国法律的确定性超过了我所了解的其他任何体系。这也是众多商业人士和争议方看重的关键因素——高确定性的合同和法律制度以及可实现结果之最高程度的确定性。

London stands at the pinnacle for the resolution of international commercial disputes.English law, thanks to the calibre of English commercial judges, achieves more certainty than any other system of which I am aware.This is indeed a key factor for many business people and disputants – to have a contract which achieves certainty and a legal regime with as much certainty of outcome as can be achieved.English jurisdiction, whether high court orarbitration, is also the most popular internationally– thanks to the highly sophisticated infrastructure including judges, arbitrators, mediators, barristers, solicitors,insurers,bankers, industry and traders – in short, all of those who may be party to or assisting parties in resolving disputes.Whether London's dominance in international commercial dispute resolution willcontinue turns at least partly on its attitude to some of the factors discussed in this article.There are also valuable lessons to be learned from dispute resolution practice and procedure in New York and Singapore.