La mediación como método alternativo de resolución de conflictos en el comercio internacional

Abstract

This thesis contains a detailed study about mediation in the international trade. The first chapters deals with the origin and historical backgroung of this means of dispute resolution. The second chapter goes in depth into the concept and content of the acronym "ADR", as a category which covers not only mediation, but also other means of dispute resolution. The third chapter analyzes the concept of mediation as well as the applicable law of the mediation procedure. The last three chapters study the International Private Law issues concerning meditation clauses, agreements to mediate, mediation contracts, mediation settlements and the relationship between mediation, litigation and arbitration. All of these aspects are considered in light of the Act 5/2012, the Directive 2008/52/EC and the UNCITRAL Model Law on international commercial conciliation