The alternative dispute resolution of international financial disputes

Abstract

In this thesis, The alternative dispute resolution of International Financial Disputes, the candidate examined the history and development of International Financial Disputes with specific reference to the role of International Financial Crises in the evolution of International Financial Law as soft law. The candidate analysed and discussed the historical development of the mediation and arbitration as alternative modes of dispute resolution as specifically applicable initially to commercial disputes and later as the incidence of international financial disputes increased particularly as a result of the Global Financial Crisis of 2008/2009. In the analysis the candidate examined the apprehension among role players to utilise these dispute resolution modes and the initiatives to overcome the apprehension suitability of financial disputes to mediation and arbitration. The suitability of mediation and arbitration for the resolution of international financial disputes were examined in depth and proposals made to facilitate the arbitration and mediation processes to be more attractive to role players in the financial dispute marketplace to revert to these alternative dispute resolution modes.