Theory and Practice of Application of the Arbitration–Mediation–Arbitration Procedure

Abstract

This thesis examines the theory and practice of applying the hybrid Arbitration–Mediation–Arbitration (Arb-Med-Arb) procedure as one of the progressive mechanisms for resolving international commercial disputes. It analyzes the legal nature, advantages, and procedural features of the procedure, as well as the foreign experience of its institutionalization (Singapore, Italy, China, Hong Kong, and India). On the basis of a comparative legal analysis, it is concluded that, despite a relatively developed body of foreign doctrine and practice, the Arb-Med-Arb procedure remains understudied within the legal system of the Republic of Uzbekistan; at the same time, the existing laws “On International Commercial Arbitration” and “On Mediation,” together with the activity of the Tashkent International Arbitration Centre, create the necessary preconditions for its systematic implementation, for which the thesis proposes a model draft law.