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Arbitration-mediation (arb-med)
In certain circumstances, the reverse procedure, arb-med, is more acceptable.
In arb-med, the arbitrator writes an award which remains sealed while mediation is attempted. In the event that no mediated agreement is reached, the written award is handed down.
However, despite the advantages of using hybrid clauses, there have been several perceived issues in the past, which have resulted in relatively low rates of adoption. For example, as to med-arb, there is a risk that the arbitrator’s impartiality may be affected by overseeing a facilitative mediation.
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International Arbitration: Process and Procedure
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International Arbitration: Process and Procedure
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